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Judgment
GURJANT SINGH AND OTHERS …PETITIONERS VERSUS
STATE OFOF PUNJAB AND OTHERS ...RESPONDENTS
CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Gurmeet Singh Saini, Advocate for the petitioners.
Mr. Hardeep Singh Wadhwa, DAG, Punjab.
Mr. Balraj Singh Sidhu, Advocate for respondents No.2 and 3.
*** Shalini Singh Nagpal, J. (Oral)
Petitioners seek quashing of FIR No.0091 dated 02.05.2026 under Sections 356(2), 115(2), 296, 191(3), 190 Bharatiya Nyaya Sanhita, 2023 and Section 3(1) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Police Station Makhu, District Ferozepur, Punjab and all consequential proceedings arising therefrom, on the basis of compromise dated 20.07.2026.
On 19.08.2026, this Court directed the parties to appear before learned trial Court/Illaqa Magistrate for recording of their statements with regard to compromise dated 20.07.2026.
In compliance of the aforesaid order, parties appeared before learned Judicial Magistrate, First Class, Zira on 25.08.2026. Statement of Investigating Officer ASI Ram Singh was recorded on 01.09.2026. Learned Judicial Magistrate, First Class, Zira has submitted his report recording satisfaction that all the parties have entered into a valid compromise without any influence or coercion. Point-wise report as under has been submitted:
“i)As per record, statements of parties and investigating officer, there are five accused in the instant FIR namely:-
1)Gurjant Singh son of Saraj Singh, 2) Pargat Singh so of Sooba Singh, 3) Saraj Singh son of Suba Singh, 4) Gurlal Singh @ Gurpal Singh son of Saraj Singh and 5) Sukchain Singh Sarpanch son of Jeet Singh all resident of village Mithe, Tehsil Zira, District Ferozepur arraigned in the present FIR.
(ii)All the above-mentioned have appeared before the court and has made statements regarding compromise.
(iii)As per statement of investigating officer During the investigation, no additional accused has been added.
(iv)As per statement of investigating officer ASI Ram Singh, no accused has not been declared as an absconder/ proclaimed person.
(v)As per statement of investigating officer after registration of the FIR no offence was added or deleted during the investigation.
(vi)As per statement of investigating officer the investigation is pending in the present case with Jaspal Singh, DSP (sub Division), Zira and no accused has been declared as innocent.
(vii)The name of complainant and injured/aggrieved is Arbel Singh son of Sh. Ranga Singh, resident of village Mithe, Tehsil Zira District Ferozepur and the name of eye witness who is also respondent no. 3 in CRM-M-46243-2026 is Lakhwinder Singh son of Arbel Singh @ Rawel Singh, resident of village Mithe, Tehsil Zira District Ferozepur.
(viii)As per statement of investigating officer there is only one injured/aggrieved namely Arbel Singh son of Sh. Ranga Singh, resident of village Mithe, Tehsil Zira District Ferozepur and there is one eye-witness namely Lakhwinder Singh son of Arbel Singh @ Rawel Singh, resident of village Mithe, Tehsil Zira District Ferozepur and both have appeared appeared in court and their statements have been recorded.
(ix)Investigating officer namely ASI Ram Singh has appeared and his. statement is also recorded in the court.
(x)As per statement of investigating officer the present case is at the stage of investigation and no challan has been presented in court yet. xi) As per statement of parties recorded in the court, compromise effected between the parties appearing before court appears to be genuine, voluntary and without any coercion or undue influence. There is nothing on the record to suspect the compromise effected between the parties.
(xii)As per statement of investigating officer two cases against accused Gurlal Singh @ Gurpal Singh son of Saraj Singh, resident of village Mithe, Tehsil Zira District Ferozepur are pending ie. FIR No. 75 dated 29.05.2025 under sections 22/29/62/85 of NDPS Act and another case bearing FIR No. 77 dated 30.05.2025, under NDPS Act both registered at police station Makhu and no case against any other accused is pending.”
Learned State counsel has not raised any dispute regarding the factum of compromise. Since the matter has been amicably resolved, continuation of the criminal proceedings would be an exercise in futility. Criminal antecedents of the accused cannot be sole consideration to decline quashing proceedings arising out of FIR.
Following principles of law laid down by the Full Bench Judgment of this Court in “Kulwinder Singh and others Vs. State of Punjab and another” 2007(3) RCR (Criminal) 1052 and Hon’ble Supreme Court in “Gian Singh Versus State of Punjab and others”(2012) 10 SCC 303, the petition is allowed.
FIR No.0091 dated 02.05.2026 under Sections 356(2), 115(2), 296, 191(3), 190 Bharatiya Nyaya Sanhita, 2023 and Section 3(1) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Police Station Makhu, District Ferozepur, Punjab and all consequential proceedings arising therefrom, are quashed qua the petitioners, on the basis of compromise dated 20.07.2026.
Pending applications, if any, stand disposed of.
(SHALINI SINGH NAGPAL)
JUDGE 23.09.2026