Nirmal Singh @ Nirmal Singh Rai vs State Of Punjab And Others

1
CRM-M-48541 -2026 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA
CHANDIGARH
301
CRM-M-48541 -2026(O&M)
Date of decision: 04.11.2026
NIRMAL SINGH @ NIRMAL SINGH RAI
…Petitioners
V/S
STATE OF PUNJAB AND OTHERS … Respondents
CORAM: HON’BLE MS. JUSTICE SHALINI SINGH NAGPAL
Present: Mr. Vikas Bali, Advocate
for the petitioners.
Mr. Jatin Kundu, AAG Punjab
Mr. Bhavuk Datta, Advocate
for respondents No. 2 and 3.

SHALINI SINGH NAGPAL J.(ORAL)
1. Petitioners seek quashing of FIR No. 12 dated
05.02.2025 under Sections 115(2), 118(1), 333 Bharatiya Nyaya
Sanhita, 2023 and Section 25 Arms Act, 1959 Police Station City
Khanna, District Khanna and all subsequent proceedings arising
therefrom, on the basis of compromise dated 10.08.2026.
2. On 31.08.2026, this Court directed the parties to
appear before learned trial Court/Illaqa Magistrate for recording of
their statements on the basis of compromise.
3. In compliance of the aforesaid order, parties appeared
before learned JMIC, Khanna on 25.09.2026. Statement of
Investigating Officer ASI Mohinder Singh, Belt No. 105/Khanna,
posted at Chownki Incharge Isru was also recorded on 25.09.2026.
AJAY GOSWAMI
2026.11.04 19:57 Learned JMIC, Khanna has submitted her report recording
I attest to the accuracy and
integrity of this document

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CRM-M-48541 -2026 (O&M)

satisfaction that all the parties have entered into a valid
compromise without any influence or coercion. Point-wise report
as under has been submitted:
“ 1) Number of accused persons arraigned in the FIR.
On this count, it was submitted by ASI Mohinder Singh
that in the present FIR there is only one accused person
namely Nirmal Singh @ Nirmal Singh Rai S/o Sh.
Jarnail Singh @ Jarnail Singh Rai R/o Village Goh,
Tehsil Khanna, District Ludhiana.
2) Number of accused who have appeared before the
Trial Court and made statements.
There is only one accused person and he was present
before the Trial Court to make his statement.
3) Whether during investigation, any additional accused
has been added and he/she is a party to the compromise.
On this count, it was submitted by ASI Mohinder Singh
that no any additional accused has been added during
the investigation.
4) Whether any of the accused is an
absconder/proclaimed person(s).
According to the statement of ASI Mohinder Singh,
accused has never been declared as proclaimed offender.
5) Whether after the registration of FIR, any offence was
added or deleted during investigation.
AJAY GOSWAMI
2026.11.04 19:57
I attest to the accuracy and
integrity of this document

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CRM-M-48541 -2026 (O&M)

On this count ASI Mohinder Singh stated that after the
registration of FIR, no any offence was added or deleted
during the investigation.
6) Whether investigation is pending against any of the
accused or any accused has been declared as innocent.
According to the statement of ASI Mohinder Singh no
investigation is pending against accused person or no
any accused has been declared as innocent.
7) Name(s) of the complainant and injured/aggrieved.
On this count, it was submitted by ASI Mohinder Singh
that in the present FIR there is one complainant/victim
and one victim.
a) Kanta Rani W/o Rakesh Kumar Kalra R/o House No.
124, Street no.1, Jagat Colony, Lalheri Road, Khanna,
PS City Khanna, District Ludhiana
b) Gaurav kumar S/o Rakesh Kumar R/o House No.124-
A, Street no.1, Jagat Colony, Lalheri Road, Khanna, PS
City Khanna, District Ludhiana.
8) Whether all injured/aggrieved have appeared and
their statements recorded.
All injured/aggrieved have appeared and their
statements are recorded.
9) Whether Investigating Officer has appeared and
whether his/her statement has been recorded.
AJAY GOSWAMI
2026.11.04 19:57
I attest to the accuracy and
integrity of this document

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CRM-M-48541 -2026 (O&M)

Yes, Investigating Officer has appeared and his
statement has been recorded.
10) The Stage at which the trial is pending.
The present case is at the stage of prosecution evidence.
11) Satisfaction of the Trial Court that the compromise is
genuine voluntary and out of the free will of the parties.
On 25.09.2026, petitioner/ accused person appeared in
the Court along with his counsel and stated that he has
compromised the matter with the complainant/victim and
has filed a petition under Section 528 of BNSS, 2023 for
quashing the FIR No. 12 dated 05.02.2025 under section
115(2), 118(1), 333 of Bharatiya Nyaya Sanhita, 2023
(Earlier Sections 323, 324 and 452 of IPC) and under
Section 25 of Arms Act, 1959, PS City Khanna, District
Ludhiana vide CRM-M-48541-2026 pending in Hon'ble
High Court. He has made statement with his free will
and without any coercion and any pressure.
Complainant Kanta Rani and victim Gaurav Kumar
appeared along with their counsel and specifically stated
that they have no objection if the quashing proceedings
filed by the petitioner/accused person are accepted. Both
the parties were identified by their respective
Advocates/Counsels.
The respondent No.2 and 3/ complainant and
AJAY GOSWAMI
petitioners / accused were asked to show their identity
2026.11.04 19:57
I attest to the accuracy and
integrity of this document

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CRM-M-48541 -2026 (O&M)

cards and photocopies of the same and their
photographs were taken on record. (Photocopies of
identity card, photographs and statements attached
herewith).
Therefore, from the statements of the parties, it appears
that compromise entered into between the parties is
genuine, voluntary and out of free will.
12) Whether any other criminal case or proceedings is
pending against the accused.
As per the statement of ASI Mohinder Singh, no any
other criminal case or proceedings is pending against
the accused. ”
4. Learned State counsel and learned counsel for
respondents No. 2 and 3 have not raised any dispute regarding the
factum of compromise between the petitioners and respondents
No. 2 and 3.
5. Since the matter has been amicably settled between
the parties, continuation of the criminal proceedings would be an
exercise in futility. In the light of principles laid down by 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 , it is a fit case for
quashing of FIR for the following reasons:-
AJAY GOSWAMI
2026.11.04 19:57
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integrity of this document

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CRM-M-48541 -2026 (O&M)

i. Parties have amicably and voluntarily settled the dispute
by recording statements before the competent Court.
ii. Settlement was executed freely, without coercion, threat,
undue influence, or illegal inducement.
iii. Dispute is purely personal, private, and inter se between
the parties.
iv. Petitioners have clean antecedents and are not habitual,
professional, or organized offenders.
v. There are no wider societal ramifications or adverse
impact on public interest on account of the offence alleged.
vi. Dispute does not involve public money, public property,
public revenue, or third-party rights.
vii. No prejudice will be caused to the public at large,
financial institutions, or public authorities.
viii. There would be no disturbance to public peace, public
order, social fabric, or public confidence.
ix. Alleged acts do not involve violence, abuse of public
office, or breach of public trust.
x. Matter discloses no larger conspiracy, organized criminal
activity, multiple victims, or systemic fraud.
xi. Alleged conduct lacks the degree of moral turpitude
requiring prosecution post-settlement.
xii. Acceptance of settlement would not undermine the
administration of criminal justice or public interest.
AJAY GOSWAMI
2026.11.04 19:57
I attest to the accuracy and
integrity of this document

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CRM-M-48541 -2026 (O&M)

xiii. Continuation of proceedings would serve no useful
purpose and would constitute an abuse of process of law.
xiv. Rejection of compromise would perpetuate unnecessary
litigation despite total resolution.
6. Accordingly, the petition is allowed . FIR No. 12
dated 05.02.2025 under Sections 115(2), 118(1), 333 Bharatiya
Nyaya Sanhita, 2023 and Section 25 Arms Act, 1959 Police Station
City Khanna, District Khanna and all consequential proceedings
arising therefrom, are quashed qua the petitioners.
7. Pending miscellaneous applications, if any, stand
disposed of.
(SHALINI SINGH NAGPAL)

04.11.2026 JUDGE
Ajay Goswami
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
AJAY GOSWAMI
2026.11.04 19:57
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integrity of this document