Sushil Kumar And Ors vs State Of Punjab And Another
2025 Latest Caselaw 1066 P&H

Punjab-Haryana High Court

Sushil Kumar And Ors vs State Of Punjab And Another on 18 January, 2025

                                      Neutral Citation No:=2025:PHHC:007105



      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

      215                                CRM-M M No.58345 of 2024
                                         Date of decision: 18.01.2025


SUSHIL KUMAR AND OTHERS                                         .... Petitioners
                                               Versus

STATE OF PUNJAB AND ANOTHER                                     .... Respondents

CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

Present :   Mr Aditya Sharma,, Advocate for the petitioner
            Mr.                                 petitioners.

              Ms. Himani Arora, A.A.G, Punjab.

        Mr. Manish Giri, Advocate for respondent No.2.
             ****

MANISHA BATRA, BATRA J. (oral)

1. The present petition has been filed under Section 528 of Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short-'BNSS') short 'BNSS') for quashing of FIR

No.137 dated 30.04.2024 registered under 323, 324, 341, 452, 506 and 120 120-B B

of IPC at Police Station City Kharar, Distri District ct S.A.S. Nagar and all the

subsequent proceedings arising therefrom, on the basis of compromise dated

14.08.2024 (Annexure P-6).

P

2. This Court vide order dated 25.11.2024 had directed the parties to

appear before the trial Court to get their statement statementss recorded and the learned

Magistrate was directed to send its report qua the genuineness of the

compromise.

3. Pursuant to the aforesaid order, parties have appeared before the

learned Sub Divisional Judicial Magistare, Kharar and got their statements

recorded. On the basis of the statements so recorded, learned Magistrate has

submitted copy of report dated 18.12.2024 18.12.2024 to the effect that the compromise

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Neutral Citation No:=2025:PHHC:007105

CRM-M

has been effected between the parties voluntarily and without any coercion or

undue influence.

4. Learned State counsel as well as counsel for respondent No.2

have not disputed the factum of compromise between the pa parties.

5. In view of the above, no useful purpose would be served to

continue with the proceedings before the trial Court in the instant FIR.

6. Following the principles laid down by the Full Bench judgment of

this Court in Kulwinder Singh and others Ve Versus rsus State of Punjab and

another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme

Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 303,,

this petition is allowed and FIR No.137 dated 30.04.2024 registered under 323,

324, 341, 41, 452, 506 and 120-B 120 B of IPC at Police Station City Kharar, District

S.A.S. Nagar and all subsequent proceedings arising therefrom on the basis of

compromise dated 14.08.2024 (Annexure P-6) P 6) are quashed qua the petitioners.

(MANISHA BATRA) 18.01.2025 JUDGE Jyoti-IV Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No

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