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2025 DAILYLAW 21024 (PNJ)

DAVINDER SINGH AND OTHERSQ v. STATE OF HARYANA AND OTHERS

CRM-M/6486/2025 · 2025-08-11

Manisha Batra

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Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 322 DAVINDER SINGH AND OTHERS STATE OF CORAM: Present: MANISHA BATRA, J. (ORAL) 1. Bharatiya Nagrik Suraksha quashing of FIR No.9 dated 18.01.2025 registered under Sections 115, 3(5) and 351(2) of BNS, at Police Station Sector 20, District Panchkula and all the subsequent proceedings arising therefrom, on the basis of comprom 2 . This Court vide order dated 04.07.2025 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. 3. before the learned Judicial Magistrate, Ist Class, Panchkula IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DAVINDER SINGH AND OTHERS VS. STATE OF HARYANA AND OTHERS CORAM: HON’BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Ravi Kumar Kherewal, Advocate for Ms. Himani Arora, DAG, Haryana. **** MANISHA BATRA, J. (ORAL) The present petition has been filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 (for short quashing of FIR No.9 dated 18.01.2025 registered under Sections 115, 3(5) and 351(2) of BNS, at Police Station Sector 20, District Panchkula and all the subsequent proceedings arising therefrom, on the basis of compromise dated 27.01.2025 (Annexure P 2 . This Court vide order dated 04.07.2025 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the nuineness of the compromise. Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate, Ist Class, Panchkula IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-6486-2025 Date of decision: 11.08.2025 DAVINDER SINGH AND OTHERS ..PETITIONERS HARYANA AND OTHERS ..RESPONDENTS JUSTICE MANISHA BATRA Mr. Ravi Kumar Kherewal, Advocate for the petitioners. Ms. Himani Arora, DAG, Haryana. The present petition has been filed under Section 528 of Sanhita, 2023 (for short-‘BNSS’) for quashing of FIR No.9 dated 18.01.2025 registered under Sections 115, 3(5) and 351(2) of BNS, at Police Station Sector 20, District Panchkula and all the subsequent proceedings arising therefrom, on ise dated 27.01.2025 (Annexure P-2). 2 . This Court vide order dated 04.07.2025 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate, Ist Class, Panchkula and got The present petition has been filed under Section 528 of ‘BNSS’) for quashing of FIR No.9 dated 18.01.2025 registered under Sections 115, 3(5) and 351(2) of BNS, at Police Station Sector 20, District Panchkula and all the subsequent proceedings arising therefrom, on 2 . This Court vide order dated 04.07.2025 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the Pursuant to the aforesaid order, parties have appeared POONAM SHARMA 2025.08.19 11:33 I attest to the accuracy and authenticity of this document CRM-M-6486-2025 -2- their statements recorded. On the basis of the statements so recorded, learned Judge has submitted report dated 04.08.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. 4. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties. 5. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 6. Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No.9 dated 18.01.2025 registered under Sections 115, 3(5) and 351(2) of BNS, at Police Station Sector 20, District Panchkula and all the subsequent proceedings arising therefrom, on the basis of compromise dated 27.01.2025 (Annexure P-2) are quashed qua the petitioners. (MANISHA BATRA) August 11, 2025 JUDGE Poonam Sharma Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No POONAM SHARMA 2025.08.19 11:33 I attest to the accuracy and authenticity of this document