258 IN THE HIGH COURT OF PUNJAB AND HARYANA HIMANSHU GARG STATE OF HARYANA AND OTHERS CORAM: HON’BLE MR. Present: Mr. Mr. Shubham Aggarwal, Advocate Mr. Ramesh Kumar Ambavta, AAG, Haryana. HARPREET SINGH BRAR 1. This second petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Sections 438/442 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.416 dated 28.10.2024 under Sections Station Sector 27, Sonepat, Haryana (Annexure P proceedings arising therefrom on the basis of affidavit/compromise dated 08.01.2025 (Annexure P 2. The following order was passed on IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH HIMANSHU GARG V/S HARYANA AND OTHERS HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Tushar Kwatra, Advocate and Mr. Shubham Aggarwal, Advocate Mr. Ramesh Kumar Ambavta, AAG, Haryana. **** HARPREET SINGH BRAR, J. (ORAL) This second petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Sections 438/442 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.416 dated 28.10.2024 under Sections 318(4)/319 of BNS registered at Police Station Sector 27, Sonepat, Haryana (Annexure P proceedings arising therefrom on the basis of affidavit/compromise dated 08.01.2025 (Annexure P-2). The following order was passed on “This second petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Sections 438/442 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.416 dated 318(4)/319 of BNS registered at Police Station Haryana (Annexure P-1) along with all subsequent arising therefrom on the basis of affidavit/compromise dated 08.01.2025 (Annexure P-2). Notice of motion for 27.05.2025. At this stage, on the asking of the Court, Ms. Geeta Sharma, DAG, Haryana accepts notice on behalf of respondent No.1-State. Copy of the paper book be supplied to her during the IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23570-2025 Date of decision: 27.05.2025 ...PETITIONER ...RESPONDENTS HARPREET SINGH BRAR Mr. Shubham Aggarwal, Advocate for the petitioner. Mr. Ramesh Kumar Ambavta, AAG, Haryana. This second petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Sections 438/442 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.416 318(4)/319 of BNS registered at Police Station Sector 27, Sonepat, Haryana (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of affidavit/compromise dated The following order was passed on 05.05.2025 :- This second petition has been filed under Section 528 of Nagarik Suraksha Sanhita, 2023 read with Sections Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.416 dated 28.10.2024 under Sections 19 of BNS registered at Police Station Sector 27, Sonepat, 1) along with all subsequent proceedings arising therefrom on the basis of affidavit/compromise dated Notice of motion for 27.05.2025. , on the asking of the Court, Ms. Geeta Haryana accepts notice on behalf of respondent book be supplied to her during the MANISHA 2025.05.27 16:39 I attest to the accuracy and authenticiy of this order/judgment CRM-M-23570 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 Hon’ble Supreme Court in and another, (2014) 6 SCC 46 Kaushalya (Mrs.) and others (1980) 1 SCC 63 Kulwinder Singh is allowed and FIR No.416 dated 28.10.2024 under Sections 318(4)/319 of BNS registered at Police Station Sector 27, Sonepat, Haryana consequential proceedings arising out of as well as respondent Nos.3 May 27, 2025 manisha (i) (ii) 23570-2025 2 course of day. Learned counsel for the secure the presence of respondents No.2 to 5 before the trial Court at the time of recording the statement. 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 Magistrate, to get their statements compromise and after recording their statements, learned Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether 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. 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 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 FIR No.416 dated 28.10.2024 under Sections 318(4)/319 of BNS registered at Police Station Sector 27, Sonepat, Haryana consequential proceedings arising out of the same are quashed, qua the petitioner as well as respondent Nos.3 to 5, who are also accused in the present FIR. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable course of day. Learned counsel for the petitioner undertakes to ondents No.2 to 5 before the learned trial Court at the time of recording the statement. In the meanwhile, the parties are directed to appear before learned trial Court/Illaqa Magistrate within two weeks from 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 intimate whether any PO are pending against any of the party on or before the A copy of the order be sent to learned trial Court/Illaqa 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 Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition FIR No.416 dated 28.10.2024 under Sections 318(4)/319 of BNS registered at Police Station Sector 27, Sonepat, Haryana (Annexure P-1) and all the same are quashed, qua the petitioner , who are also accused in the present FIR. HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.05.27 16:39 I attest to the accuracy and authenticiy of this order/judgment