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2025 DAILYLAW 55891 (PNJ)

PHOOL SINGH AND ORS v. STATE OF HARYANA AND ORS

CRM-M/25290/2025 · 2025-07-07

Harpreet Singh Brar

body2025

Judgment text

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294 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-25290-2025 (O&M) Date of Decision: 07.07.2025 PHOOL SINGH AND OTHERS …Petitioners V/S STATE OF HARYANA AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Rajender Singh Malik, Advocate for the petitioners. Mr. Harkesh Kumar, AAG Haryana. Ms. Inderpal Kaur, Advocate for Mr. Pankaj Rana, Advocate for respondents No. 2 and 3. **** HARPREET SINGH BRAR J. (Oral) 1. This second petition has been filed under Section 528 BNSS seeking quashing of FIR No.210 dated 24.04.2022 registered under Sections 148, 149, 323, 365 IPC, Section 25 of the Arms Act, 1959 and Sections 506, 379-B and 120-B IPC and 27 of Arms Act and Section 66-E of the Information Technology Act, 2000, added later on at Police Station City Jind and challan dated 05.07.2022 (Annexure P 2) and order dated 10.02.2023 (Annexure P-3), on the basis of compromise deed/affidavit dated 23.02.2025, along with all subsequent proceedings arising therefrom. First petition was dismissed as withdrawn on 30.04.2025. 2. The following order was passed on 12.05.2025: “This second petition has been filed under Section 528 BNSS seeking quashing of FIR No.210 dated 24.04.2022 registered under Sections 148, 149, 323, 365 IPC, Section 25 of the Arms Act, 1959 and Sections 506, 379-B and 120-B IPC and 27 of Arms Act and Section 66-E of the Information Technology Act, 2000, added later on at Police Station City Jind and challan dated 05.07.2022 (Annexure P 2) and order dated 10.02.2023 (Annexure P-3), on the basis of compromise deed/affidavit dated 23.02.2025, along with all subsequent proceedings arising therefrom. First petition was dismissed as withdrawn on 30.04.2025. AJAY GOSWAMI 2025.07.08 19:07 I attest to the accuracy and integrity of this document CRM-M-25290-2025 (O&M) -2- Notice of motion for 07.07.2025. At this stage, on asking of the Court, Ms. Geeta Sharma, DAG, Haryana accepts notice on behalf of respondent No.1 – State and Mr. Pankaj Rana, Advocate accepts notice on behalf of respondents No.2 and 3 and files Vakalatnama, which is taken on record. 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 intimate whether any PO proceedings are pending against any of the party on or before the date fixed i.e. 07.07.2025. 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 24.04.2022 registered under Sections 148, 149, 323, 365 IPC, Section 25 of the Arms Act, 1959 and Sections 506, 379-B and 120-B IPC and 27 of Arms Act and Section 66-E of the Information Technology Act, 2000, added later on at Police Station City Jind and challan dated 05.07.2022 AJAY GOSWAMI 2025.07.08 19:07 I attest to the accuracy and integrity of this document CRM-M-25290-2025 (O&M) -3- (Annexure P 2) and order dated 10.02.2023 (Annexure P-3) along with all subsequent proceedings arising therefrom are quashed, qua the petitioners. (HARPREET SINGH BRAR) 07.07.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.07.08 19:07 I attest to the accuracy and integrity of this document