CRM-M-31543 IN THE HIGH COURT OF PUNJAB & HARYANA 328 ONKAR SINGH ALIAS RAI STATE OF HARYANA AND ANOTHER CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. for the Mr. Vikram Singh, AAG, Haryana. Mr. Himanshu Setia, Advocate for respondent No.2. RUPINDERJIT CHAHAL, J. (ORAL) 1. This is a petition filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for quashing of FIR No. registered under Sections registered at Police Station City Fatehabad, District (Annexure P-1) and subsequent proceedings arising therefrom on the basis of compromise dated 2. Th had directed the parties to appear before the I 31543-2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: 2 ONKAR SINGH ALIAS RAI Versus STATE OF HARYANA AND ANOTHER HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Amit Chaudhary, Advocate for the petitioner. Mr. Vikram Singh, AAG, Haryana. Mr. Himanshu Setia, Advocate for respondent No.2. ***** RUPINDERJIT CHAHAL, J. (ORAL) This is a petition filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for quashing of FIR No. registered under Sections 186, 353, 506 of Indian Penal Code, 1860, registered at Police Station City Fatehabad, District 1) and subsequent proceedings arising therefrom on the basis of compromise dated 17.05.2025 (Annexure P-3). The co-ordinate bench of this Court vide order dated had directed the parties to appear before the I -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-31543-2025 Date of decision: 28.01.2026 ….Petitioner ....Respondents HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Vikram Singh, AAG, Haryana. This is a petition filed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for quashing of FIR No.491, dated 14.09.2022 186, 353, 506 of Indian Penal Code, 1860, registered at Police Station City Fatehabad, District Fatehabad, Haryana 1) and subsequent proceedings arising therefrom on the basis of ). Court vide order dated 01.07.2025 had directed the parties to appear before the Illaqa/Duty Magistrate to get - ….Petitioner ....Respondents This is a petition filed under Section 528 of the Bhartiya Nagrik 14.09.2022 186, 353, 506 of Indian Penal Code, 1860, Fatehabad, Haryana 1) and subsequent proceedings arising therefrom on the basis of .07.2025 llaqa/Duty Magistrate to get GURPREET 2026.01.31 16:46 I attest to the accuracy and authenticity of this document. CRM-M-31543 their statements 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 Judicial Magistrate On the basis of the statements so recorded, learned Magistrate has submitted report dated 26.09.2025 between the parties voluntarily and without a 4. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties. 5. In view of the above, no useful purpose would be served to continue with the proceeding 6. The present FIR involves offences punishable under Sections 186, 353, 506 of Indian Penal Code, performance of his duty. In the present case, the parties have settled dispute; the quashing of the FIR cannot be denied simply because the incident involved obstruction in performance of duty by a public servant. In this regard, this Court finds support from the Division Bench judgment of this Court referred in another 2017(1) RCR (Criminal) 571 Sections 186, 353, 506 of Indian Penal Code, compromise. 31543-2025 their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. Pursuant to the aforesaid order, parties have appeared before the Judicial Magistrate First Class, Fatehabad and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted 26.09.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. The present FIR involves offences punishable under Sections 186, 353, 506 of Indian Penal Code, for obstructing the public servant in performance of his duty. In the present case, the parties have settled dispute; the quashing of the FIR cannot be denied simply because the incident involved obstruction in performance of duty by a public servant. In this regard, this Court finds support from the Division Bench judgment of this Court referred in Vinod @ Boda and others v. State of Haryana and another 2017(1) RCR (Criminal) 571. Hence, even the offence under 186, 353, 506 of Indian Penal Code, -2- their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. Pursuant to the aforesaid order, parties have appeared before the and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted to the effect that the compromise has been effected ny coercion or undue influence. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties. In view of the above, no useful purpose would be served to s before the trial Court in the instant FIR. The present FIR involves offences punishable under Sections for obstructing the public servant in performance of his duty. In the present case, the parties have settled the dispute; the quashing of the FIR cannot be denied simply because the incident involved obstruction in performance of duty by a public servant. In this regard, this Court finds support from the Division Bench judgment of this oda and others v. State of Haryana and . Hence, even the offence under 186, 353, 506 of Indian Penal Code, can be quashed on the basis of - their statements recorded and the learned Magistrate was directed to send its Pursuant to the aforesaid order, parties have appeared before the and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted to the effect that the compromise has been effected Learned State counsel as well as counsel for respondent No.2 In view of the above, no useful purpose would be served to The present FIR involves offences punishable under Sections for obstructing the public servant in the dispute; the quashing of the FIR cannot be denied simply because the incident involved obstruction in performance of duty by a public servant. In this regard, this Court finds support from the Division Bench judgment of this oda and others v. State of Haryana and . Hence, even the offence under can be quashed on the basis of GURPREET 2026.01.31 16:46 I attest to the accuracy and authenticity of this document. CRM-M-31543 7. Keeping in view the totality of the circumstances, which have been mentioned hereinbefore as the parties have already entered into compromise to settle their dispute so as to live peacefully and none of the accused is a proclaimed offender and there are no the accused-petitioner, this Court is inclined to accept the prayer of the petitioner for quashing the FIR on the basis of the compromise. 8. Accordingly, the present petition is allowed. 14.09.2022 regist 1860, registered at Police Station City Fatehabad, District Fatehabad, Haryana (Annexure P- quashed qua the present petitioner on the basis between the parties. 9. Pending miscellaneous application(s), if any, stand(s) disposed of, accordingly. 28.01.2026 Gurpreet 31543-2025 Keeping in view the totality of the circumstances, which have been mentioned hereinbefore as the parties have already entered into compromise to settle their dispute so as to live peacefully and none of the accused is a proclaimed offender and there are no petitioner, this Court is inclined to accept the prayer of the petitioner for quashing the FIR on the basis of the compromise. Accordingly, the present petition is allowed. registered under Sections 186, 353, 506 of Indian Penal Code, 1860, registered at Police Station City Fatehabad, District Fatehabad, Haryana -1) and subsequent proceedings arising therefrom quashed qua the present petitioner on the basis between the parties. Pending miscellaneous application(s), if any, stand(s) disposed of, accordingly. i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No -3- Keeping in view the totality of the circumstances, which have been mentioned hereinbefore as the parties have already entered into compromise to settle their dispute so as to live peacefully and none of the accused is a proclaimed offender and there are no other criminal cases against petitioner, this Court is inclined to accept the prayer of the petitioner for quashing the FIR on the basis of the compromise. Accordingly, the present petition is allowed. FIR No.491, dated 186, 353, 506 of Indian Penal Code, 1860, registered at Police Station City Fatehabad, District Fatehabad, Haryana 1) and subsequent proceedings arising therefrom, are hereby quashed qua the present petitioner on the basis of compromise arrived at Pending miscellaneous application(s), if any, stand(s) disposed (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No - Keeping in view the totality of the circumstances, which have been mentioned hereinbefore as the parties have already entered into compromise to settle their dispute so as to live peacefully and none of the other criminal cases against petitioner, this Court is inclined to accept the prayer of the petitioner for quashing the FIR on the basis of the compromise. dated 186, 353, 506 of Indian Penal Code, 1860, registered at Police Station City Fatehabad, District Fatehabad, Haryana , are hereby f compromise arrived at Pending miscellaneous application(s), if any, stand(s) disposed (RUPINDERJIT CHAHAL) GURPREET 2026.01.31 16:46 I attest to the accuracy and authenticity of this document.