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2025 DAILYLAW 107729 (PNJ)

ASHWANI AND ORS v. STATE OF HARYANA AND ANOTHER

CRM-M/62264/2024 · 2025-07-28

Alok Jain

body2025

Judgment text

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CRM-M-62264-2024 (O&M) -:1:- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (263) CRM-M-62264-2024 (O&M) Date of Decision:-28.07.2025 ASHWANI AND ORS … Petitioner(s) Versus STATE OF HARYANA AND ANOTHER ... Respondent(s) -.- CORAM: HON'BLE MR. JUSTICE ALOK JAIN Present:- Mr. Naresh Kumar Jandoli, Advocate for the petitioners. Ms. Akshita Chauhan, AAG, Haryana. MR. Sahil Kondal, Advocate for respondent No.2. **** ALOK JAIN , J . (Oral) 1. The present petition has been filed under Section 528 of the BNS, 2023, for quashing of FIR No. 48 dated 24.01.2024, under Sections 323, 406, 498-A, 506 read with Section 34 IPC, 1860, registered at Police Station Gurgaon Sadar, District Gurugram (Annexure P-1), on the basis of a compromise deed dated 19.11.2024 (Annexure P-2), executed between the parties. 2. Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 20.12.2024 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 24.02.2025 has been GAURAV SOROT 2025.08.13 16:20 I attest to the accuracy and integrity of this document CRM-M-62264-2024 (O&M) -:2:- received from the 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 appearing on behalf of respondent No.2 admit the factum of compromise and submit that they have no objection to 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 prosecution in such a situation will be an exercise in futility, as the chances of ultimate conviction are bleak. The power under Section 482 Cr.P.C. 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 their disputes among themselves in a bona fide manner. 5. Consequently, this petition is allowed. FIR No. 48 dated 24.01.2024, under Sections 323, 406, 498-A, 506 read with Section 34 IPC, 1860, registered at Police Station Gurgaon Sadar, District Gurugram (Annexure P-1),, and all consequential proceedings arising therefrom, are hereby quashed qua the petitioners, subject to payment of cost of `10,000/- to be deposited by each petitioner and `25,000/- to be deposited by respondent No.2, within one month from today in the following account:- GAURAV SOROT 2025.08.13 16:20 I attest to the accuracy and integrity of this document CRM-M-62264-2024 (O&M) -:3:- Nishkam Sewa High Court Lawyers Society, Account No.43373609961, Name of branch:-State Bank of India, Punjab and Haryana High Court at Chandigarh, IFSC Code:- SBIN0050306. 7. Since the main case has been decided, pending miscellaneous application(s), if any, stands also disposed of. ( ALOK JAIN ) 28.07.2025 JUDGE Gaurav Sorot Whether reasoned / speaking? Yes / No Whether reportable? Yes / No GAURAV SOROT 2025.08.13 16:20 I attest to the accuracy and integrity of this document