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2025 DAILYLAW 7388 (PNJ)

SAHIL SUTHAR AND ORS v. STATE OF HARYANA AND ORS

CRM-M/4061/2025 · 2026-07-01

Shalini Singh Nagpal

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Judgment text

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1 CRM-M-4061-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 229 CRM-M-4061-2025 (O&M) Date of decision: 01.07.2026 SAHIL SUTHAR AND OTHERS …PETITIONERS VERSUS STATE OF HARYANA AND OTHERS ...RESPONDENTS CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Babbar Bhan, Advocate for the petitioners. Mr. Kshitij Bharti, AAG Haryana. Mr. Mohit Nehra, Advocate for respondents No.2 to 4. *** Shalini Singh Nagpal, J. (Oral) 1. Petitioners seek quashing of FIR No.413 dated 30.08.2024 under Sections 190, 191(2), 191(3), 115(2), 324(4)(5), 333, 35(2) of Bharatiya Nyaya Sanhita (B.N.S.), 2023, Police Station City Hisar and all consequential proceedings arising therefrom, on the basis of compromise dated 16.01.2025. 2. On 10.12.2025, this Court directed the parties to appear before learned trial Court/Illaqa Magistrate for recording of their statements with regard to compromise dated 16.01.2025. 3. In compliance of the aforesaid order, parties appeared before learned Chief Judicial Magistrate, Hisar on 15.01.2026. Statement of Investigating Officer-ASI Vinod Kumar was recorded on 31.01.2026. Learned Chief Judicial Magistrate, Hisar has submitted his report recording satisfaction that all the parties have entered into a valid compromise without any influence or coercion. Point-wise report as under has been submitted: HARPREET SINGH CHAUHAN 2026.07.02 15:50 I agree to specified portions of this document 2 CRM-M-4061-2025 (O&M) i) The number of accused arraigned in the FIR and how many have appeared before it and have made statements and whether any accused is absconding/proclaimed persons, in the case; As per the statement of IO, HC Vinod Kumar, FIR no.413 dated 30.08.2024, under sections 190, 191(2), 191(3), 115(2), 324(4) (5), 333, 35(2) of Bharatiya Nyaya Sanhita 2023, Police Station City Hisar, has been got registered against Sahil Suthar, Sahil Petwad, Arman, Kapil, Tinku, Shubham, Kunal and others. However, during investigation, accused Sahil Suthar S/o Sh. Puran Mal, R/o VPO Bhana, Tehsil and District Hisar, Kapil S/o Sh. Subhash, R/o 10, Block 2, Ambedkar Bhawan, Dhobhi, Teshil and District Hisar and Shouryveer S/o Sh. Parvinder, R/o VPO Khand Kheri, Tehsil and District Hisar were arrested and other accused were found innocent and challan against them has been filed in the court. All the above stated three accused have appeared in the court and made their joint statement regarding compromise. As per statement of IO, accused have not been absconding/declared proclaimed person in any criminal case. ii) The name of the complainant and injured/aggrieved and whether all of them have appeared and made their statements in support of the compromise; As per statement of IO, HC Vinod Kumar, Vansh S/o Satbir is the complainant/injured and Ankush S/o Sh. Sukhbir, R/o Kheri Jaliv (78), Hisar, District Hisar and Manish Sharma S/o Sh. Jagdish Sharma R/o Gudia Khera (39), Tehsil and District Sirsa are injured/aggrieved persons and all of them have appeared before the court and suffered their joint statement in support of the compromise. iii) The stage of trial/proceedings pending; The case is fixed for 06.04.2026 for arguments on charge. iv) If the compromise is genuine, voluntary and out of free will of the parties. As per statement of the complainant/injured and accused persons, the compromise seems to be genuine, voluntary and out of free will of the parties. v) Whether any other criminal case pending against the accused. As per statement of IO, HC Vinod Kumar, one criminal case bearing FIR No.591 date 5.11.2025, u/ss. 191 (2), 191(3), 115 (2), 324 (6), HARPREET SINGH CHAUHAN 2026.07.02 15:50 I agree to specified portions of this document 3 CRM-M-4061-2025 (O&M) 333, 351(3) of BNS, PS City Hisar, has been registered against the accused Sahil Suthar only.” 4. Learned State counsel and learned counsel for respondent Nos.2 to 4 have not raised any dispute regarding the factum of compromise. Status report by way of affidavit of Sumit Kumar, HPS, Deputy Superintendent of Police, Barwala has been filed by State, which is taken on record. Since the matter has been amicably resolved, continuation of the criminal proceedings would be an exercise in futility. Facts of this case warrant exercise of powers under Section 528 of Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023. 5. Following principles of law laid down by the Full Bench Judgment of this Court in “Kulwinder Singh and others Vs. State of Punjab and another” 2007(3) RCR (Criminal) 1052 and Hon’ble Supreme Court in “Gian Singh Versus State of Punjab and others” (2012) 10 SCC 303, the petition is allowed. 6. FIR No.413 dated 30.08.2024 under Sections 190, 191(2), 191(3), 115(2), 324(4)(5), 333, 35(2) of Bharatiya Nyaya Sanhita (B.N.S.), 2023, Police Station City Hisar and all consequential proceedings arising therefrom, are quashed qua the petitioners on the basis of compromise dated 16.01.2025. 7. Pending applications, if any, stand disposed of. (SHALINI SINGH NAGPAL) JUDGE 01.07.2026 HS.CHAUHAN Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No HARPREET SINGH CHAUHAN 2026.07.02 15:50 I agree to specified portions of this document