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2025 DAILYLAW 48076 (PNJ)

ANKUSH KUMAR AND OTHERS v. STATE OF HARYANA AND ANR

CRM-M/21102/2025 · 2025-05-28

Manisha Batra

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 253 CRM-M-21102-2025 Date of Decision: 28.05.2025 Ankush Kumar and others ...Petitioners Versus State of Haryana and another ...Respondents CORAM: HON'BLE MS. JUSTICE MANISHA BATRA **** Present: Mr. Gagandeep Singh Bajwa, Advocate for the petitioners. Mr. Neeraj Poswal, A.A.G, Haryana. Mr. Ashish Kumar, Advocate, for respondent No.2. **** MANISHA BATRA , J. (ORAL) 1. The present petition has been filed under for quashing of FIR No.99 dated 24.02.2025 registered under Section 24 of the Immigration Act and Sections 316(2), 318(4) of BNS, at Police Station Assandh, District Karnal and all the subsequent proceedings arising therefrom, on the basis of compromise dated 07.04.2025 (Annexure P-2). 2. This Court vide order dated 24.04.2025 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. 3. Pursuant to the aforesaid order, parties have appeared before the learned Sub Divisional Judicial Magistrate, Assandh and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has NISHA 2025.05.29 20.07 I attest to the accuracy and integrity of this document CRM-M-21102-2025 -2- submitted report dated 23.05.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. 4. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties. 5. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 6. Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No.99 dated 24.02.2025 registered under Section 24 of the Immigration Act and Sections 316(2), 318(4) of BNS, at Police Station Assandh, District Karnal and all the subsequent proceedings arising therefrom, on the basis of compromise dated 07.04.2025 (Annexure P-2) are quashed qua the petitioners. (MANISHA BATRA) JUDGE May 28, 2025 Nisha-1 Whether speaking/reasoned Yes/No Whether reportable Yes/No NISHA 2025.05.29 20.07 I attest to the accuracy and integrity of this document