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2025 DAILYLAW 24701 (PNJ)

CHAIN SINGH v. STATE OF HARYANA AND ANR

CRM-M/8140/2025 · 2025-05-21

Harpreet Singh Brar

body2025

Judgment text

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266 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-8140-2025 (O&M) Date of Decision: 21.05.2025 CHAIN SINGH …Petitioner V/S STATE OF HARYANA AND ANOTHER …Respondents CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Gopal Krishan Bhatt, Advocate for Mr. Sanjay Verma, Advocate for the petitioner. Mr. Harkesh Kumar, AAG Haryana. Ms. Sakshi Sharma, Advocate and Mr. Arvind Kumar Dhiman, Advocate for respondent No. 2. **** HARPREET SINGH BRAR J. (Oral) 1. Prayer in the present petition filed under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 is for quashing of FIR No.509 dated 18.12.2023 registered under Sections 406, 420 of Indian Penal Code at Police Station Bilaspur, District Yamuna Nagar on the basis of compromise dated 05.02.2025 (Annexure P-2). 2. The following order was passed on 13.02.2025: “Prayer is for quashing of FIR No.509 dated 18.12.2023 registered under Sections 406, 420 IPC at Police Station Bilaspur, District Yamuna Nagar on the basis of compromise. Notice of motion. At this stage, Ms. Sakshi Sharma, Advocate, accepts notice on behalf of the complainant/respondent No.2. She admitted the correctness of compromise and stated that she has no objection if this petition is allowed. On the asking of this Court, Mr. Sulinder Kumar, DAG, 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. AJAY GOSWAMI 2025.05.22 09:31 I attest to the accuracy and integrity of this document CRM-M-8140-2025 (O&M) -2- So, the parties are directed to appear before the learned trial court/Illaqa Magistrate on 28.2.2025 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. 3. Stage of the trial/proceedings. 4. Whether the compromise is genuine, voluntary and without any coercion or undue influence. To come up on 21.5.2025 for awaiting the report. In case the petitioner has not approached any Court seeking grant of bail, he is to do the needful within a period of next 15 days and during said period of 15 days, no coercive action is to be taken against the petitioner. A copy of this order be sent to the learned trial Court/Illaqa Magistrate, through electronic mode, for compliance.” 3. Vide order dated 04.03.2025, parties were again directed for getting their statements recorded in terms of the compromise. 4. In compliance of the aforesaid orders, 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. 5. In 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 466 and Shakuntala Sawhney (Mrs) Vs. AJAY GOSWAMI 2025.05.22 09:31 I attest to the accuracy and integrity of this document CRM-M-8140-2025 (O&M) -3- Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed and FIR No.509 dated 18.12.2023 registered under Sections 406, 420 of Indian Penal Code at Police Station Bilaspur, District Yamuna Nagar along with all subsequent proceedings arising therefrom are quashed, qua the petitioner. (HARPREET SINGH BRAR) 21.05.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.05.22 09:31 I attest to the accuracy and integrity of this document