w IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-37788-2025 (O&M)

Reserved on: 01.10.2025 Date of Pronouncement: 17.10.2025 Harpal Singh & others ... Petitioner(s)

Versus State of Punjab and another …Respondent (s)

CRM-M-37584-2025 (O&M)

Sukhdev Singh & others ... Petitioner(s)

Versus State of Punjab and another …Respondent (s)

CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. A.S. Brar, Advocate for the petitioner(s) in CRM-M-37788-2025 and for respondent no.2 in CRM-M-37584-2025.

Mr. M.S. Basra, Advocate for the petitioner(s) in CRM-M-37584-2025. for respondent no.2 in CRM-M-37788-2025.

Mr. Jasdev Singh Thind, DAG, Punjab.

***

ANOOP CHITKARA, J.

DDR No. Dated Police Station Sections

33 29.9.2024 Dinanagar, District Gurdaspur 115(2), 118(1), 3(5) BNS, 2023 IN/AND FIR Dated Police Station Sections No.

146 28.9.2024 Dinanagar, District Gurdaspur 115(2), 118(2), 351(3), 191(3), 190 BNS, 2023 This order shall dispose of two petitions i.e. CRM-M-37788 and 37584 of 2025, as the same have arisen out of common incident and similar facts and common question of law is involved in both the petitions. However, for brevity, facts have been noticed from CRM-M-37788-2025.

2. The petitioner(s), arraigned as accused in the above captioned FIR/DDR, have come up before this Court under Section 528 BNSS for quashing of the FIR/DDR and all consequential proceedings based on the compromise with the aggrieved person(s). In fact, this matter relates to version and cross-version between same parties.

3. During the pendency of the criminal proceedings, the accused and the aggrieved person(s) have compromised the matter, and its copy is annexed with this petition as Annexure P-2. After that, the petitioner(s)-accused came up before this Court to quash the FIR, impleading the aggrieved person/victim(s) as respondents.

4. Pursuant to orders of this Court dated 02.09.2025, the aggrieved person(s) appeared before the Judicial Magistrate Ist Class, Gurdaspur and stated that there would be no objection if the Court quashes this FIR and consequent proceedings. The report of the concerned Court dated 17.09.2025 in both petitions reads as follows:

Name of the reporting Judicial Magistrate Ist Class, Gurdaspur Court DDR No. Dated Police Station Sections

33 29.9.2024 Dinanagar, District 115(2), 118(1), 3(5) BNS, Gurdaspur 2023 Criminal Case no. ---

before trial Court

1. Names of the complainant/ Baldev Singh victims(s)/ aggrieved persons(s)

FIR Dated Police Station Sections No.

146 28.9.2024 Dinanagar, District 115(2), 118(1), 351(3), Gurdaspur 191(3), 190 BNS, 2023 Criminal Case no. CHI-76-2025 before trial Court ANALYSIS & REASONING:

5. Despite the severe opposition of the State’s counsel to this compromise, the following aspects would be relevant to conclude this petition: -

a) The accused and the private respondent have amicably settled the matter between them in terms of the compromise deed and the statements recorded before the concerned Court;

b) A perusal of the documents reveal that the settlement has not been secured through coercion, threats, social boycotts, bribes, or other dubious means;

c) The aggrieved person has willingly consented to the nullification of criminal proceedings;

d) There is no objection from the private respondent in case present FIR and consequent proceedings are quashed;

e) In the given facts, the occurrence does not affect public peace or tranquillity, moral turpitude or harm the social and moral fabric of the society or involve matters concerning public policy;

f) The rejection of compromise may also lead to ill will. The pendency of trial affects career and happiness;

g) There is nothing on the record to prima facie consider the accused as an unscrupulous, incorrigible, or professional offender;

h) The purpose of criminal jurisprudence is reformatory in nature and to work to bring peace to family, community, and society;

i) The exercise of the inherent power for quashing FIR and all consequential proceedings is justified to secure the ends