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323 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15244-2025 Date of decision: 21.04.2025 Pawan and another
....Petitioners
Versus State of Haryana and another ...Respondents CORAM:
HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Parveen Sharma, Advocate for the petitioners. Mr. Harkesh Kumar, AAG, Haryana. Ms. Sachin Jain, Advocate for respondent No.2. HARPREET SINGH BRAR, J. (ORAL)
1. This petition has been filed under Section 528 (wrongly mentioned as 523) of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.210 dated 26.03.2024 under Sections 148/149/380/447/506 of IPC (Sections 201/427/458 of IPC added later on and Sections 148/149/447 of IPC deleted later on) registered at Police Station City Rohtak District Rohtak (Annexure P- 1) along with all subsequent proceedings arising therefrom on the basis of compromise deed dated 01.02.2025 (Annexure P-2). 2. On 20.03.2025, the following order was passed:-
“This petition has been filed under Section 528 (wrongly mentioned as 523) of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.210 dated 26.03.2024 under Sections 148/149/380/447/506 of IPC (Sections 201/427/458 of IPC added later on and Sections 148/149/447 of IPC deleted late on) registered at Police Station City Rohtak District Rohtak (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise deed dated 01.02.2025 (Annexure P-2). Notice of motion for 21.04.2025. At this stage, on the asking of the Court, Mr. Vikas Bhardwaj, AAG, Haryana accepts notice on behalf of respondent No.1-State and Mr. Vishal Goel, Advocate accepts notice for respondent No.2 and files his power of attorney and admits to the factum of compromise. Copy of the paper book be supplied to them during the course of day. Service is complete. 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 Neha 2025.04.23 10:30 I attest to the accuracy and integrity of this document
CRM-M-15244-2025 -2- their statements recorded 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 date fixed. A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance. ”
3.
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 anyone. 4. 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. 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.210 dated 26.03.2024 under Sections 148/149/380/447/506 of IPC (Sections 201/427/458 of IPC added later on and Sections 148/149/447 of IPC deleted later on) registered at Police Station City Rohtak District Rohtak (Annexure P-1) along with all subsequent proceedings arising therefrom are quashed, qua the petitioners. (HARPREET SINGH BRAR) JUDGE 21.04.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.04.23 10:30 I attest to the accuracy and integrity of this document