KULBIR SINGH AND ANOTHER v. STATE OF PUNJAB AND ANOTHER
Court: High Court of Punjab and Haryana
Bench: MR. JUSTICE ALOK JAIN
Judgment date:
Case summary
High Court of Punjab and Haryana judgment dated 2025-09-25. KULBIR SINGH AND ANOTHER v. STATE OF PUNJAB AND ANOTHER. Read the judgment and case details on...
Judgment text
-1-- CRM-M-3743437434-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA ATIN THE HIGH COURT OF PUNJAB AND HARYANA ATIN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHCHANDIGARH (253) CRM-M-37434-2025 Date of Decision:- 25. 09. 2025 25. 09. 2025 Kulbir Singh and Anr. Kulbir Singh and Anr. ……Petitioners……Petitioners Versus State of Punjab and Anr. State of Punjab and Anr. ……Respondents……Respondents CORAM: HON’BLE MR. JUSTICE ALOK JAINALOK JAIN **** Present: Mr. Balraj Singh Sidhu, Advocate for the petitioners. Mr. Balraj Singh Sidhu, Advocate for the petitioners. Mr. Durgesh Garg, AAG, Punjab. Mr. Durgesh Garg, AAG, Punjab. Mr. Gurmeet Singh Saini, Advocate for respondent No. 2. Mr. Gurmeet Singh Saini, Advocate for respondent No. 2. **** ALOK JAIN, J. (Oral)ALOK JAIN, J. (Oral) 1. The instant petition has been filed under SectionThe instant petition has been filed under Section 528 BNSS 528 BNSS seeking quashing ofseeking quashing of DDR No. 035 dated 10. 09.
2022, under Sections 354DDR No. 035 dated 10. 09. 2022, under Sections 354-B,B, 341, 149 of IPC (Section 506, 34 of IPC added later on), registered at Police341, 149 of IPC (Section 506, 34 of IPC added later on), registered at Police341, 149 of IPC (Section 506, 34 of IPC added later on), registered at Police341, 149 of IPC (Section 506, 34 of IPC added later on), registered at Police Station Kulgari, District Ferozepur (Annexure PStation Kulgari, District Ferozepur (Annexure PStation Kulgari, District Ferozepur (Annexure P-1) i. e. registered as cross case1) i. e. registered as cross case in FIR No. 0134 dated 06. 10. 2022, under Sections 324, 323, 148, 149 of IPCin FIR No. 0134 dated 06. 10. 2022, under Sections 324, 323, 148, 149 of IPCin FIR No. 0134 dated 06. 10. 2022, under Sections 324, 323, 148, 149 of IPCin FIR No. 0134 dated 06. 10. 2022, under Sections 324, 323, 148, 149 of IPC 1860 (Section 326 of IPC added later on vide DDR No. 12 dated 10. 10.
2022)1860 (Section 326 of IPC added later on vide DDR No. 12 dated 10. 10. 2022)1860 (Section 326 of IPC added later on vide DDR No. 12 dated 10. 10. 2022)1860 (Section 326 of IPC added later on vide DDR No. 12 dated 10. 10. 2022) at Police Stationat Police Stationat Police Station Kulgari, District Ferozepur (Annexure P Kulgari, District Ferozepur (Annexure P Kulgari, District Ferozepur (Annexure P-2), and all other2), and all other proceedingsproceedingsproceedingsproceedings arising arising arising arising therefrom therefrom therefrom therefrom on on on on the the the the basis basis basis basis of of of of the the the the compromise compromise compromise compromise dated dated dated dated 12. 05. 2025 (Annexure P12. 05. 2025 (Annexure P-3). -2-- CRM-M-3743437434-2025 2. Keeping in view the factKeeping in view the fact that the par that the parties entered into aties entered into a settlement, thissettlement, this Court vide order dated 21. 07. 202521. 07.
2025 directed the parties to directed the parties to appear before the Illappear before the Illaqa Magistrate/trial Court for getting their statementsaqa Magistrate/trial Court for getting their statementsaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report datedrecorded in that regard. Pursuant thereto, a report datedrecorded in that regard. Pursuant thereto, a report dated 20. 08. 2025 has has stst been received frombeen received from Judicial Magistrate 1 Class, Ferozepur stating that stating that the compromise arrived at between the parties is volunthe compromise arrived at between the parties is volunthe compromise arrived at between the parties is voluntary and the same istary and the same is without any pressure, coercion or undue influence. without any pressure, coercion or undue influence. without any pressure, coercion or undue influence. 3.
Learned State counsel and learned counsel appearing on behalfLearned State counsel and learned counsel appearing on behalfLearned State counsel and learned counsel appearing on behalf of respondent No. 2of respondent No. 2 admit the factum of compromise and submit thatadmit the factum of compromise and submit that they they have no objectionno objection in quashing of the FIR on thaquashing of the FIR on that basis. 4.
Perusal of the aforesaid report establishes that the parties havePerusal of the aforesaid report establishes that the parties havePerusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminalamicably settled their dispute, and continuance of criminalamicably settled their dispute, and continuance of criminal proceedings in in such a situation will be an exercise in futility, as the chances of convictionsuch a situation will be an exercise in futility, as the chances of convictionsuch a situation will be an exercise in futility, as the chances of convictionsuch a situation will be an exercise in futility, as the chances of conviction are bleak. The power unare bleak. The power under Section 528 BNSS528 BNSS can be exercised in such can be exercised in such matters. It has been held by Supreme Court of India in casesmatters. It has been held by Supreme Court of India in casesmatters.
It has been held by Supreme Court of India in cases Gian Singh v. Gian Singh v. State of Punjab and anotherState of Punjab and another 2012(10) SCC 303 and2012(10) SCC 303 and Narinder Singh and Narinder Singh and others v. State of Punjab and anotherothers v.
State of Punjab and another 2014(6) SCC 406 that criminal2014(6) SCC 406 that criminal cases cases having overwhelmingly civil character, particularly those arising out ofhaving overwhelmingly civil character, particularly those arising out ofhaving overwhelmingly civil character, particularly those arising out ofhaving overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes,commercial transactions or matrimonial relationships or family disputes,commercial transactions or matrimonial relationships or family disputes,commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolvedshould be quashed when the parties have resolvedshould be quashed when the parties have resolved the disputes among disputes among themselves in athemselves in a bona fide manner. 5. Consequently, the present petition is allowedpetition is allowed. DDR No. 035 DDR No.
035 dated 10. 09. 2022, under Sections 354dated 10. 09. 2022, under Sections 354-B, 341, 149 of IPC (Section 506, 34 ofB, 341, 149 of IPC (Section 506, 34 ofB, 341, 149 of IPC (Section 506, 34 of IPC added later on), registered at Police Station Kulgari, District FerozepurIPC added later on), registered at Police Station Kulgari, District FerozepurIPC added later on), registered at Police Station Kulgari, District FerozepurIPC added later on), registered at Police Station Kulgari, District Ferozepur (Annexure P(Annexure P-1) i. e. registered as cross case in FIR No. 0134 dated 06. 10. 2022,case in FIR No. 0134 dated 06. 10. 2022,case in FIR No. 0134 dated 06. 10.
2022, -3-- CRM-M-3743437434-2025 under Sections 324, 323, 148, 149 of IPC 1860 (Section 326 of IPC addedunder Sections 324, 323, 148, 149 of IPC 1860 (Section 326 of IPC addedunder Sections 324, 323, 148, 149 of IPC 1860 (Section 326 of IPC addedunder Sections 324, 323, 148, 149 of IPC 1860 (Section 326 of IPC added later on vide DDR No. 12 dated 10. 10. 2022) at Police Station Kulgari, Districtlater on vide DDR No. 12 dated 10. 10. 2022) at Police Station Kulgari, Districtlater on vide DDR No. 12 dated 10. 10. 2022) at Police Station Kulgari, Districtlater on vide DDR No. 12 dated 10. 10. 2022) at Police Station Kulgari, District Ferozepur (Annexure PFerozepur (Annexure P-2) and subsequent proceeding arising therefrand subsequent proceeding arising therefrom, are are hereby quashedhereby quashed qua the petitioners subject to costsubject to costs of Rs. 10,000/- to be to be paid by the petitioners and Rs. 5000/- to be paid by respondent No. 2to be paid by respondent No.
2 within within a period of two weekstwo weeks from today in the following account:in the following account: Punjab State Legal ServicesPunjab State Legal Services AuthorityAuthority-Disaster Relief Fund, A/c No. 44426937384,A/c No. 44426937384, IFSC Code SBIN0014656. IFSC Code SBIN0014656. (ALOK JAIN) September 25, 2025September 25, 2025 JUDGE manju Whether speaking/reasoned:Whether speaking/reasoned:- Yes/No Whether Reportable:Whether Reportable:- Yes/No
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