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2025 DAILYLAW 15071 (PNJ)

AJAY KUMAR AND ANR v. STATE OF HARYANA AND ANOTHER

CRM-M/3782/2025 · 2025-05-06

Harpreet Singh Brar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

294 IN THE HIGH COURT OF PUNJAB AND HARYANA AJAY KUMAR AND STATE OF HARYANA AND CORAM: HON’BLE MR. Present: Mr. Mr. Harkesh Kumar, AAG, Haryana. Mr. Vikrant Rana, Advocate for respondent No.2. HARPREET SINGH BRAR 1. This petition has been filed under Section seeking quashing of 63 of Copyright Act Bhiwani City, District Bhiwani proceedings arising therefrom on the basis of compromise dated (Annexure P-2). 2. The following order was passed on 23 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AJAY KUMAR AND ANOTHER V/S HARYANA AND ANOTHER HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Sumit Sangwan, Advocate for the petitioner Mr. Harkesh Kumar, AAG, Haryana. Mr. Vikrant Rana, Advocate for respondent No.2. **** HARPREET SINGH BRAR, J. (ORAL) This petition has been filed under Section seeking quashing of FIR No.0754 dated 23.09.2019 63 of Copyright Act, 1957 and Section 420 of IPC, registered at Police Station Bhiwani City, District Bhiwani (Annexure P- proceedings arising therefrom on the basis of compromise dated 2). The following order was passed on 23 “Prayer is for quashing of FIR No.0754 dated 23.09.2019 registered under Sections 63 of Copyright Act and Section 420 of IPC, registered at Police Station Bhiwani City, District Bhiwani, on the basis of compromise. Notice of motion. At this stage, Mr. Vikrant Rana, Advocate, accepts notice on behalf of the complainant/respondent No.2. He admitted the correctness of compromise and stated that he has no objection if this petition is allowed. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-3782-2025 Date of decision: 06.05.2025 ...PETITIONERS ...RESPONDENTS HARPREET SINGH BRAR Advocate for the petitioners. Mr. Harkesh Kumar, AAG, Haryana. Mr. Vikrant Rana, Advocate for respondent No.2. This petition has been filed under Section 528 BNSS, 2023 FIR No.0754 dated 23.09.2019 registered under Section and Section 420 of IPC, registered at Police Station -1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 08.01.2025 The following order was passed on 23.01.2025 :- Prayer is for quashing of FIR No.0754 dated 23.09.2019 registered under Sections 63 of Copyright Act and Section 420 of IPC, registered at Police Station Bhiwani City, District Bhiwani, s stage, Mr. Vikrant Rana, Advocate, accepts notice behalf of the complainant/respondent No.2. He admitted the correctness of compromise and stated that he has no objection if MANISHA 2025.05.08 18:23 I attest to the accuracy and authenticiy of this order/judgment CRM-M-3782-2025 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 and another, (2014) 6 SCC 46 Kaushalya (Mrs.) and others (1980) 1 SCC 63 Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052 is allowed and FIR No.0754 dated 23.09.2019 Copyright Act, 1957 2025 2 On the asking of this Court, Mr. Arjun Lakhanpal, A.G. Haryana accepts notice on behalf of the State. He does not wish to file any reply as the parties are stated to have effected the compromise. So, the parties are directed to appear before the learned trial court/Illaga Magistrate on 10.03.2025 convenient to the trial Court/Illaqa Magistrate and to get record their statements regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate, is directed to send the same along with his report regard compromise on or before the date fixed in the instant petition specifically with regard to the following facts: 1. Number of persons arrayed as accused in the FIR. 2. Whether any accused is proclaimed offender. 3. Stage of the trial/proceedings. 4. Whether the compromise is genuine, voluntary and without any coercion or undue influence. To come up on 06.05.2025 for awaiting the report. A copy of this order be sent to the learned trial Court/Illaga Magistrate, through electro compliance.” 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 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 o Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052 FIR No.0754 dated 23.09.2019 , 1957 and Section 420 of IPC, registered at Police Station On the asking of this Court, Mr. Arjun Lakhanpal, Addl. A.G. Haryana accepts notice on behalf of the State. He does not wish to file any reply as the parties are stated to have effected the So, the parties are directed to appear before the learned court/Illaga Magistrate on 10.03.2025 or any other date convenient to the trial Court/Illaqa Magistrate and to get record their statements regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate, is directed to send the same along with his report regarding the genuineness of compromise on or before the date fixed in the instant petition specifically with regard to the following facts: - 1. Number of persons arrayed as accused in the FIR. 2. Whether any accused is proclaimed offender. rial/proceedings. 4. Whether the compromise is genuine, voluntary and without any coercion or undue influence. To come up on 06.05.2025 for awaiting the report. A copy of this order be sent to the learned trial Court/Illaga Magistrate, through electronic mode, for 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 view of the compromise and the ratio of law laid down by the Narinder Singh and others vs. State of Punjab Shakuntala Sawhney (Mrs) Vs. and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition registered under Section 63 of and Section 420 of IPC, registered at Police Station MANISHA 2025.05.08 18:23 I attest to the accuracy and authenticiy of this order/judgment CRM-M-3782-2025 Bhiwani City, D proceedings arising out of the same are quashed, qua the petitioners. May 06, 2025 manisha (i) (ii) 2025 3 Bhiwani City, District Bhiwani (Annexure P proceedings arising out of the same are quashed, qua the petitioners. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable (Annexure P-1) and all consequential proceedings arising out of the same are quashed, qua the petitioners. HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.05.08 18:23 I attest to the accuracy and authenticiy of this order/judgment