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2025 DAILYLAW 15933 (PNJ)

MOHIT AND OTHERS v. STATE OF HARYANA AND ANOTHER

CRM-M/4001/2025 · 2025-05-08

Jasjit Singh Bedi

body2025

Judgment text

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CRM-M-4001 of 2025 (O & M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-4001 of 2025 (O & M) Date of decision:08.05.2025 Mohit and ors. …... Petitioner(s) V/s State of Haryana and anr. ...Respondents CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Parveen Sharma, Advocate, for the petitioner(s). Mr. Kiran Pal Singh, AAG, Haryana. Mr. Vishal Goel, Advocate, for respondent No.2. ***** JASJIT SINGH BEDI, J. (Oral) The prayer in this petition is for quashing of FIR No.06 dated 07.01.2025 under Sections 115, 190, 191(3), 324(2), 333, 351(2) of BNS, 2023 registered at Police Station Ganaur, District Sonipat and all subsequent proceedings arising therefrom on the basis of compromise dated 11.01.2025 (Annexure P-3). Vide order dated 27.01.2025 this Court had directed the parties to appear before Illaqa Magistrate for getting their statements recorded in terms of certain parameters given in the aforesaid order dated 27.01.2025 with regard to the compromise (Annexure P-3). In terms of the order dated 27.01.2025 passed by this Court, the parties have appeared before the court of Additional Civil Judge (Sr. SUKHPREET KAUR 2025.05.08 04:56 I attest to the accuracy and integrity of this document chandigarh CRM-M-4001 of 2025 (O & M) ::2:: Divn.)-cum-Sub Divisional Judicial Magistrate, Ganaur and as per the report dated 01.03.2025 submitted to this Court, both the parties have got recorded their respective statements in Court. A perusal of the aforesaid report would show that the parties have effected a genuine compromise without there being any pressure, coercion or undue influence. In view of the compromise there is a remote possibility of the complainant coming forward to support the prosecution case. The powers under Section 482 Cr.PC can be exercised in such like situation in order to prevent unnecessary vagaries of criminal trial to be faced by the parties, when there are remote chances of conviction of the accused. The compromise in question is found to be fully in consonance with the direction issued by the Court in Kulwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR (Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4) RCR (Crl.) 543. Further, the learned counsel for the petitioners, while placing reliance upon the judgments passed by the Hon'ble Supreme Court in Jayrajsinh Digvijaysinh Rana Versus State of Gujarat and another, 2012(4) R.C.R. (Criminal) 589 and this Court in Joginder Singh & another Vs. State of Punjab and another, CRM-M-23739- 2010 decided on 27.04.2011, Rajinder Singh Vs. State of Punjab & another, CRM-M- 37395-2016 decided on 16.05.2017, Bhoj Raj Vs. State of Punjab & another, CRM-24945-2019 decided on 27.09.2019 and Vimal Kalra & others Versus State of Punjab & another, CRMM-20355-2022, decided on SUKHPREET KAUR 2025.05.08 04:56 I attest to the accuracy and integrity of this document chandigarh CRM-M-4001 of 2025 (O & M) ::3:: 25.07.2022 submits that partial quashing of the FIR was possible on the basis of a compromise. Keeping in view the law laid down by this Court in the aforementioned judgments and the report of the Additional Civil Judge (Sr. Divn.)-cum-Sub Divisional Judicial Magistrate, Ganaur, the FIR No.06 dated 07.01.2025 under Sections 115, 190, 191(3), 324(2), 333, 351(2) of BNS, 2023 registered at Police Station Ganaur, District Sonipat and all the consequent/subsequent proceedings arising therefrom , are hereby quashed qua the petitioners only. Petition stands disposed of. ( JASJIT SINGH BEDI) JUDGE May 08, 2025 sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2025.05.08 04:56 I attest to the accuracy and integrity of this document chandigarh