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2025 DAILYLAW 27744 (PNJ)

ASHISH BHUTANI AND ANR v. STATE OF HARYANA AND ORS

CRM-M/10154/2025 · 2025-03-21

Harpreet Singh Brar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

241 IN THE HIGH COURT OF PUNJAB AND HARYANA ASHISH BHUTANI AND STATE OF HARYANA AND CORAM: HON’BLE MR. Present: Mr. Mr. Pankaj Dhar, Advocate Mr. Harkesh Kumar, AAG, Haryana. Mr. Vijay Dahiya, Advocate HARPREET SINGH BRAR 1. This petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.137 dated 19.05.2024 under Sections 323/325/427/452/506/34 of IPC registered at Police Station Gurugram, District Gurugram (Annexure P proceedings arising therefrom on the basis of compromise dated 03.10.2024 (Annexure P-2). 2. The following order was passed on IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ASHISH BHUTANI AND ANOTHER V/S HARYANA AND OTHERS HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Mohit Nehra, Advocate and Mr. Pankaj Dhar, Advocate for the petitioner Mr. Harkesh Kumar, AAG, Haryana. Mr. Vijay Dahiya, Advocate for respondent Nos.2 to 10. **** HARPREET SINGH BRAR, J. (ORAL) This petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.137 dated 19.05.2024 under Sections 323/325/427/452/506/34 of IPC registered at Police Station Gurugram, District Gurugram (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 03.10.2024 2). The following order was passed on “This petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.137 dated 19.05.2024 under Sections 323/325/427/452/506/34 of IPC registered at Police Station Sector 40, Gurugram, District Gurugram (Annexure P along with all subsequent proceedings arising therefrom on the basis of compromise dated 03.10.2024 (Annexure P Notice of motion. At this stage, on the asking of the Court, Bhardwaj, AAG, Haryana accepts notice on behalf of respondent No.1-State and Mr. Vijay Dahiya, Advocate accepts notice for respondent Nos.2 to 10 and files his power of attorneys, which are taken on record. He admits to the factum of compromise. Copy of the paper book be supplied to them during the course of day. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-10154-2025 Date of decision: 21.03.2025 ...PETITIONERS ...RESPONDENTS HARPREET SINGH BRAR for the petitioners. Mr. Harkesh Kumar, AAG, Haryana. for respondent Nos.2 to 10. This petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.137 dated 19.05.2024 under Sections 323/325/427/452/506/34 of IPC registered at Police Station Sector 40, 1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 03.10.2024 The following order was passed on 21.02.2025 :- This petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.137 dated 19.05.2024 under Sections 323/325/427/452/506/34 of IPC registered at Police Station Sector 40, Gurugram, District Gurugram (Annexure P-1) ent proceedings arising therefrom on the basis of compromise dated 03.10.2024 (Annexure P-2). At this stage, on the asking of the Court, Mr. Vikas Bhardwaj, AAG, Haryana accepts notice on behalf of respondent Dahiya, Advocate accepts notice for respondent Nos.2 to 10 and files his power of attorneys, which are taken on record. He admits to the factum of compromise. Copy of the paper book be supplied to them during the course of day. MANISHA 2025.03.21 16:50 I attest to the accuracy and authenticiy of this order/judgment CRM-M-10154 3. In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise betwee parties is genuine and arrived at without any pressure or coercion from anyone. 4. In view of the compromise and the ratio of law laid down by the Hon’ble Supreme Court in and another, (2014) 6 SCC 46 Kaushalya (Mrs.) and others (1980) 1 SCC 63 Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052 is allowed and 323/325/427/452/506/34 of IPC registered at Police Station Sector 40, Gurugram, District Gurugram (Annexure P proceedings arising out of the same are quashed, qua the petitioner March 21, 2025 manisha (i) (ii) 10154-2025 2 Service is complete. Adjourned to 21.03.2025. In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get recorded their statements r compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or be date fixed. A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance. In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise betwee parties is genuine and arrived at without any pressure or coercion from 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 46, and Shakuntala Sawhney (Mrs) Vs. 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 is allowed and FIR No.137 dated 19.05.2024 under Sections 323/325/427/452/506/34 of IPC registered at Police Station Sector 40, Gurugram, District Gurugram (Annexure P proceedings arising out of the same are quashed, qua the petitioner (HARPREET SINGH BRAR 5 Whether speaking/reasoned Whether reportable djourned to 21.03.2025. In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get recorded their statements regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.” In compliance of the aforesaid order, 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 In view of the compromise and the ratio of law laid down by the Narinder Singh and others vs. State of Punjab Shakuntala Sawhney (Mrs) Vs. and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition FIR No.137 dated 19.05.2024 under Sections 323/325/427/452/506/34 of IPC registered at Police Station Sector 40, Gurugram, District Gurugram (Annexure P-1) and all consequential proceedings arising out of the same are quashed, qua the petitioners. HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.03.21 16:50 I attest to the accuracy and authenticiy of this order/judgment