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2025 DAILYLAW 23932 (PNJ)

BABU LAL SHARMA v. STATE OF HARYANA AND ANOTHER

CRM-M/8022/2025 · 2025-04-21

Amarjot Bhatti

body2025

Judgment text

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CRM-M-8022-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 286 CRM-M-8022-2025 Date of decision : 21.04.2025 Babu Lal Sharma ...... Petitioner V/S State of Haryana and Anr. ..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI Present: Mr. Suryakant Gautam, Advocate and Mr. H.S.Tanwar, Advocate for petitioner. Ms. Nidhi Garg, AAG, Haryana. Mr. B.S.Tewatia, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) 1. Petitioner- Babu Lal Sharma has filed instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.383 dated 06.08.2024, under Sections 74 & 79 of BNS, registered at Police Station City Palwal, District Palwal on the basis of compromise dated 14.01.2025 (Annexure P-3). 2. As per facts of the case, complainant Bandana Bhardwaj filed written complaint against Acting Principal of the College, Dr. Babu Lal Sharma. She alleged that she is working as Assistant Professor of Hindi in Government College, Palwal. She was disturbed due to wrong and unethical behaviour of Acting Principal of the College, Dr. Babu Lal Sharma who used to call her in his office without any official work and indulged in unnecessary discussion regarding other female Lecturers. On account of objectionable act and conduct Sunil Devi 2025.04.23 12:11 I attest to the accuracy and integrity of this document CRM-M-8022-2025 -2- of Dr. Babu Lal Sharma, complaint was filed and after investigation, present FIR has been registered. 3. Petitioner filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 13.02.2025, petitioner and respondent No.2 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise. Detailed report regarding compromise has been received from the court of Judicial Magistrate Ist Class, Palwal dated 11.03.2025. Statement of respondent No.2 has been recorded where she confirmed the compromise with petitioner. She confirmed that this compromise has been effected voluntarily, without any coercion or undue influence and she has no objection regarding quashing of FIR. 4. Petitioner- Babu Lal Sharma also confirmed this fact in his statement. Statement of L/ASI Amita Devi is also recorded who confirmed that petitioner is not declared as proclaimed offender in the present case. She further stated that FIR No.569 dated 18.09.2021, under Sections 323, 354, 354-A(2), 506 and 509 of IPC, 1860, registered at Police Station City, Palwal was registered against present petitioner, in which cancellation report was submitted by the police. 5. Therefore, from the report of Judicial Magistrate Ist Class, Palwal, it is clear that compromise has been effected between the parties without any pressure, coercion or undue influence. They have mutually settled all their claims. They will be able to live in peace and harmony. It will end the litigation started between them. No purpose would be served with the continuation of criminal proceedings. Sunil Devi 2025.04.23 12:11 I attest to the accuracy and integrity of this document CRM-M-8022-2025 -3- 6. Gainful reference can be made to the judgment of Larger Bench of Five Judges of this High Court cited in 2007(3) R.C.R. (Criminal) 1052 tilted as Kulwinder Singh and Ors. Vs. State of Punjab and Anr., where it was explained that ‘there can never be any hard and fast category which can be prescribed to enable the court to exercise its power under Section 482 of Cr.P.C. The only principle that can be laid down is the one which has been incorporated in the section itself i.e. to prevent abuse of the process of any court or to secure the ends of justice.’ 7. Therefore, by relying upon the ratio of the aforesaid judgment, no purpose would be served with the continuation of criminal proceedings. Considering these facts, the petition filed by the petitioner is accepted and FIR No.383 dated 06.08.2024, under Sections 74 & 79 of BNS, registered at Police Station City Palwal, District Palwal is quashed qua petitioner. (AMARJOT BHATTI ) JUDGE 21.04.2025. Sunil Devi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Sunil Devi 2025.04.23 12:11 I attest to the accuracy and integrity of this document