Research › Search › Judgment

High Court of Punjab and Haryana · body

2023 DAILYLAW 5700 (PNJ)

KANDELA SIRINIVAS AND OTHERS v. STATE OF HARYANA AND ANOTHER

CRM-M/25236/2026 · 2026-07-06

Alok Jain

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

287. IN THE HIGH COURT OF PUNJAB AND HARYANA AT Kandela Srinivas and others State of Haryana and CORAM: Present: ALOK JAIN 1. read with Section 27.09.2023, (Sections 318, 336, 337, 338 and 61 of BNS), District Gurgaon arising therefrom, on the basis of compromise dated P-2) arrived at between the parties. 2. settlement, a Co directed the parties to appear before the Illaqa Magistrate/trial Court for IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH rinivas and others Versus State of Haryana and another HON’BLE MR. JUSTICE ALOK JAIN Mr. Jitender Malik, Advocate, and Mr. Rohit Aggarwal, Advocate, for the petitioners. Mr. Amrik Narwal, DAG, Haryana. Mr. Mukul Advocate, for Mr. Karan Singh, Advocate, respondent No.2 (through video conferencing). ----- ALOK JAIN, J. (ORAL) The instant petition has been filed under Section read with Section 528 BNSS seeking quashing of FIR No. , registered under Sections 420, 467, 468, 471, 120 (Sections 318, 336, 337, 338 and 61 of BNS), District Gurgaon (Annexure P-1) along with all subsequent proceedin arising therefrom, on the basis of compromise dated 2) arrived at between the parties. Keeping in view the fact that the parties entered into a settlement, a Co-ordinate Bench of this Court vide order dated directed the parties to appear before the Illaqa Magistrate/trial Court for IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25236-2026 Date of decision: 06.07.2026 .... Petitioners .... Respondents ALOK JAIN Mr. Jitender Malik, Advocate, and Mr. Rohit Aggarwal, Advocate, for the petitioners. Mr. Amrik Narwal, DAG, Haryana. respondent No.2-complainant, The instant petition has been filed under Section 482 Cr.P.C. 528 BNSS seeking quashing of FIR No.612, dated 420, 467, 468, 471, 120-B of IPC (Sections 318, 336, 337, 338 and 61 of BNS), at Police Station Sadar, 1) along with all subsequent proceedings arising therefrom, on the basis of compromise dated 09.07.2025 (Annexure Keeping in view the fact that the parties entered into a ordinate Bench of this Court vide order dated 06.05.2026 directed the parties to appear before the Illaqa Magistrate/trial Court for 482 Cr.P.C. dated B of IPC Sadar, gs (Annexure Keeping in view the fact that the parties entered into a .05.2026 SANJEEV KUMAR 2026.07.08 09:22 I attest to the accuracy and integrity of this document CRM-M-25236-2026 - 2 - getting their statements recorded in that regard. Pursuant thereto, a report dated 20.05.2026 has been received from learned Additional Chief Judicial Magistrate, Gurugram stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. 3. Learned State counsel and learned counsel for respondent No.2 admit the factum of compromise and submit that they have no objection in quashing of the FIR on that basis. 4. Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal proceedings in such a situation will be an exercise in futility, as the chances of conviction are bleak. The power under Section 528 BNSS can be exercised in such matters. It has been held by Supreme Court of India in cases Gian Singh v. State of Punjab and another 2012(10) SCC 303 and Narinder Singh and others v. State of Punjab and another 2014(6) SCC 406 that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved the disputes among themselves in a bona fide manner. 5. Consequently, the present petition is allowed. FIR No.612, dated 27.09.2023, registered under Sections 420, 467, 468, 471, 120-B of IPC (Sections 318, 336, 337, 338 and 61 of BNS), at Police Station Sadar, District Gurgaon (Annexure P-1) along with all subsequent proceedings SANJEEV KUMAR 2026.07.08 09:22 I attest to the accuracy and integrity of this document CRM-M-25236-2026 - 3 - arising therefrom, are hereby quashed qua the petitioners, subject to payment of cost of Rs.10,000/- to be deposited by each petitioner and Rs.25,000/- to be deposited by respondent No.2, within a period of one month from today in Indian Red Cross Society UT Branch Chandigarh, SBI New Haryana Sectt. Sector-17, Chandigarh, A/c No.44938097476, IFSC Code SBIN0010603 UPI I’d 06280730090@sbi. (ALOK JAIN) JUDGE July 06, 2026 sanjeev Whether speaking/reasoned: Yes/No Whether reportable: Yes/No SANJEEV KUMAR 2026.07.08 09:22 I attest to the accuracy and integrity of this document