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2025 DAILYLAW 79852 (PNJ)

SANJAY BAIRWA AND ORS v. STATE OF HARYANA AND ANR

CRM-M/40812/2024 · 2025-07-04

H S Grewal

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Judgment text

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CRM-M-40812-2024 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 248 CRM-M-40812-2024 Date of decision : 04.07.2025 Sanjay Bairwa and others ... Petitioners Versus State of Haryana and another .. Respondents CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Salman Ahmed, Advocate, for the petitioner. Mr. Parveen Aggarwal, Addl. A. G, Haryana. Mr. Balwinder Singh, Advocate, for respondent No.2. *** H.S. GREWAL, J.(Oral) 1. The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short-‘BNSS’) for quashing of FIR No.55 dated 15.04.2024 under Sections 379, 420 IPC, registered at Police Station DLF Phase-2, Gurugram, along with all subsequent proceedings arising therefrom on the basis of compromise dated 10.08.2024(Annexure P-2). 2. This Court vide order dated 22.08.2024 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 Additional Chief Judicial Magistrate, Gurugram, and got their statements recorded. On the basis of the statements so recorded, learned Additional Chief Judicial Magistrate has submitted copy of report dated ANIL KUMAR 2025.07.08 12:45 I attest to the accuracy and integrity of this document CRM-M-40812-2024 -2- 11.09.2024 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 has not disputed the factum of compromise arrived at 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.55 dated 15.04.2024 under Sections 379, 420 IPC, registered at Police Station DLF Phase-2, Gurugram, and all subsequent proceedings arising therefrom qua the petitioner, are quashed on the basis of compromise dated 10.08.2024 (Annexure P-2). (H.S.GREWAL) JUDGE 04.07.2025 anil Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ANIL KUMAR 2025.07.08 12:45 I attest to the accuracy and integrity of this document