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2025 DAILYLAW 13029 (PNJ)

VAIBHAV SHARMA v. STATE OF HARYANA AND ANR

CRM-M/1886/2025 · 2025-07-08

Harpreet Singh Brar

body2025

Judgment text

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293 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-1886-2025 Date of decision: 08.07.2025 VAIBHAV SHARMA ...PETITIONER V/S STATE OF HARYANA AND ANOTHER ...RESPONDENTS CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Divyadeep Walia, Advocate for the petitioner. Mr. Vikas Bhardwaj, AAG, Haryana. Mr. Umesh Pandey, Advocate for respondent No.2. **** HARPREET SINGH BRAR, J. (ORAL) 1. This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.0006 dated 05.01.2024 under Sections 406/420/120-B of IPC and Sections 10/24 of Immigration Act, registered at Police Station City Thanesar, District Kurukshetra (Annexure P-1) (challan presented under Sections 201/406/420/467/468/471/120-B of IPC and Section 10/24 of Immigration Act) along with all subsequent proceedings arising therefrom on the basis of compromise affidavit dated 06.08.2024 (Annexure P-2). 2. The following order was passed on 16.01.2025 :- “This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanita, 2023 seeking quashing of FIR No.0006 dated 05.01.2024 under Sections 406/420/120-B of IPC and Sections 10/24 of Immigration Act, registered at Police Station City Thanesar, District Kurukshetra (Annexure P-1) (challan presented under Sections 201/406/420/467/468/471/120- B of IPC and Section 10/24 of Immigration Act) along with all MANISHA 2025.07.09 12:32 I attest to the accuracy and integrity of this document CRM-M-1886-2025 2 subsequent proceedings arising therefrom on the basis of compromise affidavit dated 06.08.2024 (Annexure P-2). Notice of motion for 15.02.2025. At this stage, on the asking of the Court, Ms. Mayuri Lakhanpal Kalia, DAG, Haryana accepts notice on behalf of respondent No.1-State and Mr. Umesh Pandey, Advocate accepts notice for respondent No.2 and files his power of attorney and admits to the factum of compromise. Copy of the paper book be supplied to them during the course of day. Service is complete. In the meanwhile, the parties are directed to appear before the learned trial Court/Illaga Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get their statements recorded regarding compromise and after recording their statements, learned trial Court/Illaga Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed. A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.” 3. In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone. 4. In view of the compromise and the ratio of law laid down by the Hon’ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 46, and Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed and FIR No.0006 dated 05.01.2024 under Sections 406/420/120-B of IPC and Sections 10/24 of Immigration Act, registered at Police Station MANISHA 2025.07.09 12:32 I attest to the accuracy and integrity of this document CRM-M-1886-2025 3 City Thanesar, District Kurukshetra (challan presented under Sections 201/406/420/467/468/471/120-B of IPC and Section 10/24 of Immigration Act) (Annexure P-1) and all consequential proceedings arising out of the same are quashed, qua the petitioner. (HARPREET SINGH BRAR) July 08, 2025 JUDGE manisha (i) Whether speaking/reasoned Yes/No (ii) Whether reportable Yes/No MANISHA 2025.07.09 12:32 I attest to the accuracy and integrity of this document