CWP-9329-2025 1 125 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-9329-2025 Date of Decision:02.04.2025 VIRENDER AND OTHERS ......... Petitioners Versus STATE OF HARYANA AND OTHERS ….... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present : Mr. Sourabh Sheoran, Advocate for the petitioners. Ms. Rajni Gupta, Addl. AG, Haryana. **** JAGMOHAN BANSAL , J. (Oral) 1. The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of memorandum/statement of charge and order dated 11.02.2025 (Annexure P-4) as well as all consequential proceedings. 2. The petitioners are part of Haryana Police Force. On the complaint of Manish Kumar son of Kailash Chand an FIR No.180 dated 09.10.2024 under Sections 115, 190, 191(3) and 351(2) of The Bharatiya Nyaya Sanhita (for short, ‘BNS’) at Police Station Nangal Chaudhary, District Mahendergarh was registered against them. They entered into compromise with the complainant and preferred CRM-M-12617-2025 before this Court seeking quashing of FIR on the basis of compromise. 3. This Court had issued notice of motion and directed the parties to appear before the Magistrate/trial Court for recording their statement with respect to compromise. As per petitioners, the statements Asgar Ali 2025.04.03 08:31 I attest to the accuracy and integrity of this document CWP-9329-2025 2 of accused and complainant stand recorded. 4. Mr. Sourabh Sheoran, Advocate for the petitioners submits that matter has been amicably settled between petitioners and complainant, thus, departmental proceedings should be dropped. 5. From the perusal of record, it is evident that FIR was lodged against petitioners alleging misuse of power. The said FIR is under challenge before this Court on the basis of compromise executed between the parties. This Court, till date, has not quashed aforesaid FIR. In any case, if FIR is quashed on the basis of compromise, it cannot be a ground for setting aside of departmental proceedings, though it may be one of the grounds which can be raised before the authorities. 6. In the wake of above discussion and findings, the instant petition deserves to be dismissed and accordingly dismissed. 7. It is made clear that dismissal of instant petition shall not be construed as opinion of this Court on merits. The Disciplinary Authority shall decide departmental proceedings without being influenced by observations of this Court. ( JAGMOHAN BANSAL ) JUDGE 02.04.2025 Ali Whether speaking/reasoned Yes/No Whether Reportable Yes/No Asgar Ali 2025.04.03 08:31 I attest to the accuracy and integrity of this document