IN THE HIGH COURT OF PUNJAB AND HARYANA 242 AMIT AND ANOTHER STATE OF HARYANA CORAM: HON’BLE MRS. Present : Mr Mr. Neeraj Poswal, A.A.G., Haryana Mr. Kushager Goyal, Advocate for Mr. Himanshu Seta, Advocate for respondents No.2 & 3. MANISHA BATRA 1. The present petition has been filed under Section 528 of Nagarik Suraksha Sanhita, 2023 (for short No.814 dated 29.12.2018 registered under Sections 289 and 506 of IPC at Police Station City Rohtak, District Rohtak and arising therefrom, on the basis of Memorandum of Settlement/compromise dated 08.11.2024 (Annexure P 2 . This Court vide order dated 21.11.2024 had directed the parties to appear before the trial Court to get their sta Magistrate was directed to send its report qua the genuineness of the compromise. 3. Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate 1 On the basis of the statements so recorded, learned Magistrate has submitted IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: AMIT AND ANOTHER Versus STATE OF HARYANA AND ANOTHER HON’BLE MRS. JUSTICE MANISHA BATRA Mr. Ankur Dua, Advocate for the petitioners. Mr. Neeraj Poswal, A.A.G., Haryana Mr. Kushager Goyal, Advocate for Mr. Himanshu Seta, Advocate for respondents No.2 & 3. **** MANISHA BATRA, J. (oral) The present petition has been filed under Section 528 of Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) No.814 dated 29.12.2018 registered under Sections 289 and 506 of IPC at Police Station City Rohtak, District Rohtak and arising therefrom, on the basis of Memorandum of Settlement/compromise dated 08.11.2024 (Annexure P-2). This Court vide order dated 21.11.2024 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate 1st Class, Rohtak and got their statements On the basis of the statements so recorded, learned Magistrate has submitted IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.57956 of 2024 Date of decision: 09.04.2025 …. Petitioners …. Respondents MANISHA BATRA petitioners. Mr. Neeraj Poswal, A.A.G., Haryana. Mr. Kushager Goyal, Advocate for Mr. Himanshu Seta, Advocate for respondents No.2 & 3. The present petition has been filed under Section 528 of Bharatiya ‘BNSS’) for quashing of FIR No.814 dated 29.12.2018 registered under Sections 289 and 506 of IPC at Police Station City Rohtak, District Rohtak and all the subsequent proceedings arising therefrom, on the basis of Memorandum of Settlement/compromise This Court vide order dated 21.11.2024 had directed the parties to tements recorded and the learned Magistrate was directed to send its report qua the genuineness of the Pursuant to the aforesaid order, parties have appeared before the , Rohtak and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted Bharatiya for quashing of FIR No.814 dated 29.12.2018 registered under Sections 289 and 506 of IPC at all the subsequent proceedings arising therefrom, on the basis of Memorandum of Settlement/compromise This Court vide order dated 21.11.2024 had directed the parties to tements recorded and the learned Magistrate was directed to send its report qua the genuineness of the Pursuant to the aforesaid order, parties have appeared before the recorded. On the basis of the statements so recorded, learned Magistrate has submitted Jyoti 2025.04.09 17:20 I attest to the accuracy and integrity of this document CRM report dated 17.02.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. 4. Learned State counsel as well as counsel for respondents No.2 & 3 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 proceedings before the trial Court in the in 6. Following the principles laid down by the Full Bench judgment of this Court in another 2007 (3) RCR (Criminal) 1052 Court in Gian Singh Versus State of this petition is allowed and Sections 289 and 506 of IPC at Police Station City Rohtak, District Rohtak all subsequent proceedings arising therefrom on the basi 08.11.2024 (Annexure P 09.04.2025 Jyoti-IV CRM-M No.57956 of 2024 report dated 17.02.2025 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 respondents No.2 & 3 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 in Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble Supreme Gian Singh Versus State of Punjab and others (2012) 10 SCC 303 this petition is allowed and FIR No.814 dated 29.12.2018 registered under Sections 289 and 506 of IPC at Police Station City Rohtak, District Rohtak all subsequent proceedings arising therefrom on the basi 08.11.2024 (Annexure P-2) are quashed qua the petitioners (MANISHA BATRA) Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.57956 of 2024 -2- report dated 17.02.2025 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 respondents No.2 & 3 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. Following the principles laid down by the Full Bench judgment of Kulwinder Singh and others Versus State of Punjab and and approved by the Hon’ble Supreme Punjab and others (2012) 10 SCC 303, 814 dated 29.12.2018 registered under Sections 289 and 506 of IPC at Police Station City Rohtak, District Rohtak and all subsequent proceedings arising therefrom on the basis of compromise dated ) are quashed qua the petitioners. (MANISHA BATRA) JUDGE Yes/No. Yes/No report dated 17.02.2025 to the effect that the compromise has been effected Learned State counsel as well as counsel for respondents No.2 & In view of the above, no useful purpose would be served to Following the principles laid down by the Full Bench judgment of Kulwinder Singh and others Versus State of Punjab and and approved by the Hon’ble Supreme , 814 dated 29.12.2018 registered under and dated Jyoti 2025.04.09 17:20 I attest to the accuracy and integrity of this document