ASHOK KUMAR DIWAN AND OTHERS v. STATE OF HARYANA AND ANOTHER
CRM-M/19143/2025 · 2025-05-28
Harpreet Singh Brar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42991 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42991 (PNJ) · dailylaw.ai ]
Judgment text
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248 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-19143-2025 Date of decision: 28.05.2025 Ashok Kumar Diwan and others ....Petitioners
Versus State of Haryana and another ...Respondents
CORAM:
HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Mohan Singh Chauhan, Advocate for the petitioner. Mr. Ramesh Kumar Ambavta, AAG, Haryana.
HARPREET SINGH BRAR, J. (ORAL)
1. This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.925 dated 30.11.2021 under Sections 406/420/467/468/471/506 of IPC registered at Police Station Karnal City, District Karnal, Haryana (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 25.03.2025 (Annexure P-2).
2. On 07.04.2025, the following order was passed:-
“ This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.925 dated 30.11.2021 under Sections 406/420/467/468/471/506 of IPC registered at Police Station Karnal City, District Karnal, Haryana (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 25.03.2025 (Annexure P- 2). Notice of motion for 07.05.2025. At this stage, on the asking of the Court, Ms. Geeta Sharma, DAG, Haryana accepts notice on behalf of respondent No.1-State and Mr. Charanjit Singh Bahia, 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 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 Neha 2025.05.28 17:41 I attest to the accuracy and integrity of this document
CRM-M-19143-2025 -2- 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. On 07.05.2025, the following order was passed:-
“Learned counsel for the parties seeks another opportunity to appear before the learned trial Court/Illaqa Magistrate in terms of
order dated 07.04.2025 passed by this Court. In the interest of justice, one more opportunity is granted to the parties to appear before the learned trial Court in terms of order dated 07.04.2025 passed by this Court, within a period of 10 days from today, subject to payment of Rs.5,000/- as costs to be deposited with the Poor Patient Welfare Fund, PGIMER, Chandigarh. Adjourned to 28.05.2025. The receipt of payment of costs imposed must be presented before the learned trial Court. The learned Court below is directed to verify the payment of said costs.
4. 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.
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. 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.925 dated 30.11.2021 under Sections 406/420/467/468/471/506 of IPC registered at Police Station Karnal City, District Karnal, Haryana (Annexure P-1) along with all subsequent proceedings arising therefrom are quashed, qua the petitioners.
(HARPREET SINGH BRAR) JUDGE 28.05.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.05.28 17:41 I attest to the accuracy and integrity of this document