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2025 DAILYLAW 109733 (PNJ)

VIJAY KUMAR v. STATE OF HARYANA AND ORS

CRM-M/64945/2024 · 2025-05-27

Harpreet Kaur Jeewan

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Judgment text

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CRM-M-64945-2024 :1: 261 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-64945-2024 Date of decision: 27.05.2025 VIJAY KUMAR ...Petitioner VERSUS STATE OF HARYANA AND OTHERS ...Respondents CORAM: HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present: Ms. Diksha, Advocate for the petitioner. Mr. Deepak Grewal, DAG, Haryana. Mr. Kapish Singla, Advocate for respondents No.2 to 4. ***** HARPREET KAUR JEEWAN , J. [1] The present petition has been filed under Section 528 BNSS, 2023 for quashing of FIR No.261 dated 19.04.2019 under Sections 323, 452, 506 IPC registered at Police Station Gharaunda, District Karnal and subsequent proceedings arising therefrom on the basis of compromise deed dated 11.11.2024 (Annexure P-2) executed between the parties. [2] Learned counsel for the petitioner contends that the FIR was registered at the instance of respondent No.2 on account of a misconception between the parties. He further contends that the matter has been settled between the parties and compromise deed dated 11.11.2024 (Annexure P-2) has been executed between them. He submits that respondent No.2 does not want to take any action in the FIR. Priyanka Thakur 2025.05.28 16:59 I attest to the accuracy and integrity of this document CRM-M-64945-2024 :2: [3] Learned counsel for respondents No.2 to 4 confirms about the factum of compromise between the parties. [4] On 03.03.2025, the parties were directed to appear before the trial Court/Illaqa Magistrate for recording of their statements regarding the compromise. [5] As per the report dated 14.05.2025 received from Judicial Magistrate 1st Class, Karnal forwarded through the office of District and Sessions Judge, Karnal, statements of the parties and Investigating Officer have been recorded. There is only one accused namely Vijay Kumar. He has never been declared as proclaimed offender. There is one complainant namely Pankaj and two injured persons namely Raj Bala and Kamal Dutt. The complainant and injured persons have no objection for acceptance of the compromise between the parties. The compromise effected between the parties is genuine, voluntary and without any coercion or undue influence. [6] Learned State counsel has not raised any objection regarding the acceptance of the present petition. However, the State counsel has confirmed that all the injured and victims were impleaded as a party. [7] I have heard the aforesaid submissions and perused the paper-book. [8] Keeping in view the fact that the compromise between the parties is genuine and voluntarily made and in view of the ratio of the decision of Hon'ble Apex Court in Gian Singh Versus State of Punjab Priyanka Thakur 2025.05.28 16:59 I attest to the accuracy and integrity of this document CRM-M-64945-2024 :3: (SC) 2012 (4) RCR (Criminal) 543 and the decision of Hon'ble the Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab and others 2007 (3) RCR (Criminal) 1052, the ends of justice would meet if the FIR and consequential proceedings are quashed by accepting the compromise between the parties. [9] Consequently, this petition is allowed and FIR No.261 dated 19.04.2019 under Sections 323, 452, 506 IPC registered at Police Station Gharaunda, District Karnal and all the subsequent proceedings emanating therefrom are ordered to be quashed, qua the petitioner. [10] However, the respondents No.2 to 4 and the State shall be at liberty to seek cancellation of this order, in case the final terms and conditions of compromise (Annexure P-2) are violated. (HARPREET KAUR JEEWAN) 27.05.2025 JUDGE Priyanka Thakur Whether speaking/reasoned : Yes No Whether Reportable : Yes No Priyanka Thakur 2025.05.28 16:59 I attest to the accuracy and integrity of this document