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2025 DAILYLAW 1706 (PNJ)

SOM DATT v. STATE OF HARYANA AND ANOTHER

CRM-M/67489/2025 · 2026-02-03

Alok Jain

body2025

Judgment text

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CRM-M-67489 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (260) Som Datt State of Haryana and Anr. CORAM: Present: ALOK JAIN, J. (Oral) 1. seeking quashing of 406, 4968-A, 506 of IPC, Yamuna Nagar of compromise dated 2. settlement, this appear befor recorded in that regard. Pursuant thereto, a report dated been received from the compromise arrived at between the parties without any pressure, coercion or undue influence. 67489-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Versus State of Haryana and Anr. HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Shailender Sigh, Advocate and Ms. Priya Bhati, Advocate for the petitioner. Ms. Aditi Giridhar, AAG, Haryana. Mr. Abhiraj Singh, Advocate for Ms. Rinky, Advocate for respondent No.2. ***** ALOK JAIN, J. (Oral) The instant petition has been filed under Section seeking quashing of FIR No.205 dated 13.10.2023 A, 506 of IPC, registered at Police Station Yamuna Nagar and subsequent proceeding arising therefrom on the basis of compromise dated 28.11.2025 (Annexure P Keeping in view the fact that the par settlement, this Court vide order dated 03.12.2025 appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated been received from Judicial Magistrate 1 the compromise arrived at between the parties without any pressure, coercion or undue influence. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-67489-2025 Date of Decision:- 03.02.2026 ……Petitioner ……Respondents ALOK JAIN Mr. Shailender Sigh, Advocate and Ms. Priya Bhati, Advocate for the petitioner. Ms. Aditi Giridhar, AAG, Haryana. Mr. Abhiraj Singh, Advocate for Ms. Rinky, Advocate for respondent No.2. The instant petition has been filed under Section 528 BNSS 13.10.2023, under Sections 323, registered at Police Station Buria, District and subsequent proceeding arising therefrom on the basis (Annexure P-3). Keeping in view the fact that the parties entered into a 03.12.2025 directed the parties to e the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 13.01.2026 has Judicial Magistrate 1st Class, Jagadhri stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. 03.02.2026 ……Petitioner ……Respondents 528 BNSS 323, Buria, District and subsequent proceeding arising therefrom on the basis ties entered into a directed the parties to e the Illaqa Magistrate/trial Court for getting their statements has stating that is voluntary and the same is MANJU 2026.02.17 10:48 I attest to the accuracy and integrity of this document CRM-M-67489 3. of respondent No.2 have no objection 4. amicably settled their dispute, and continuance of criminal such a situation will be an exercise in futility, as the chances of conviction are bleak. The matters. It has been held by Supreme Court of India in cases State of Punjab and another others v. State of Punjab and another 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 themselves in a 5. dated 13.10.2023, under Sections 323, 406, 4968 at Police Station Buria, District Yamuna Nagar and subsequent proceeding arising therefrom, are hereby quashed qua the petit Rs.10,000/- within a period of one month from today in PGIMER, Chandigarh. February 03, 20 manju Whether speaking/reasoned: Whether Reportable: 67489-2025 2 Learned State counsel and learned counsel appearing on behalf of respondent No.2 admit the factum of compromise and submit that no objection in quashing of the FIR on that basis. Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal such a situation will be an exercise in futility, as the chances of conviction are bleak. The power under Section 528 BNSS matters. It has been held by Supreme Court of India in cases State of Punjab and another 2012(10) SCC 303 and others v. State of Punjab and another 2014(6) SCC 406 that 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 themselves in a bona fide manner. Consequently, the present petition is allowed. FIR No.205 dated 13.10.2023, under Sections 323, 406, 4968 at Police Station Buria, District Yamuna Nagar and subsequent proceeding arising therefrom, are hereby quashed qua the petit (jointly) to be paid by the petitioner and respondent No.2 within a period of one month from today in PGIMER, Chandigarh. February 03, 2026 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No Learned State counsel and learned counsel appearing on behalf admit the factum of compromise and submit that they R on that basis. Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal proceedings in such a situation will be an exercise in futility, as the chances of conviction 528 BNSS can be exercised in such matters. It has been held by Supreme Court of India in cases Gian Singh v. 2012(10) SCC 303 and Narinder Singh and 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 the disputes among Consequently, the present petition is allowed. FIR No.205 dated 13.10.2023, under Sections 323, 406, 4968-A, 506 of IPC, registered at Police Station Buria, District Yamuna Nagar and subsequent proceeding arising therefrom, are hereby quashed qua the petitioner subject to costs of (jointly) to be paid by the petitioner and respondent No.2 within a period of one month from today in Poor Patients Welfare Fund, (ALOK JAIN) JUDGE Learned State counsel and learned counsel appearing on behalf they Perusal of the aforesaid report establishes that the parties have in such a situation will be an exercise in futility, as the chances of conviction can be exercised in such Gian Singh v. Narinder Singh and criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, disputes among Consequently, the present petition is allowed. FIR No.205 A, 506 of IPC, registered at Police Station Buria, District Yamuna Nagar and subsequent proceeding ioner subject to costs of (jointly) to be paid by the petitioner and respondent No.2 Poor Patients Welfare Fund, MANJU 2026.02.17 10:48 I attest to the accuracy and integrity of this document