Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 80060 (PNJ)

BRIJ BHUSHAN AND OTHERS v. STATE OF HARYANA AND OTHERS

CRM-M/37837/2025 · 2025-09-15

Sanjay Vashisth

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M- 1 IN THE HIGH COURT OF PUNJAB AND HARYANA 320 BRIJ BHUSHAN AND OTHERS STATE OF CORAM: PRESENT: SANJAY 1. BNSS, 2023 (earlier Section 482 Cr.P.C.), seeking quashing of the below detailed First Information Report (FIR), and all the consequential proceedings arising th 14.06.2025 (Annexure P -37837-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH BRIJ BHUSHAN AND OTHERS VS. STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Abhishek Pundir, for the petitioner. Mr. Pawan Kumar Jhanda, Sr. DAG, Haryana. Mr. Mohan Singh Rana, Advocate for respondents No. 2 to 8. **** SANJAY VASHISTH, J. (Oral) Instant petition has been filed under Section 528 of the BNSS, 2023 (earlier Section 482 Cr.P.C.), seeking quashing of the below detailed First Information Report (FIR), and all the consequential proceedings arising therefrom, on the .2025 (Annexure P-2), effected between the parties. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-37837-2025 Decided on : 15.09.2025 . . . PETITIONERS . . . RESPONDENTS HON'BLE MR. JUSTICE SANJAY VASHISTH , Advocate Pawan Kumar Jhanda, Sr. DAG, Haryana. Mr. Mohan Singh Rana, Advocate for respondents No. 2 to 8. Instant petition has been filed under Section 528 of the BNSS, 2023 (earlier Section 482 Cr.P.C.), seeking quashing of the below detailed First Information Report (FIR), and all the consequential erefrom, on the basis of the compromise dated 2), effected between the parties. Instant petition has been filed under Section 528 of the BNSS, 2023 (earlier Section 482 Cr.P.C.), seeking quashing of the below detailed First Information Report (FIR), and all the consequential basis of the compromise dated POONAM SHARMA 2025.09.18 10:24 I attest to the accuracy and authenticity of this document CRM-M- 2 DETAILS OF CRIMINAL CASE FIR No. Date 465 03.12.2023 2. to appear before the learned Trial Court/Illaqa Magistrate, for getting their respective statements recorded with regard to the compromise. 3. Judicial Magistrate wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report(s) compromise has indeed been effected between the parties coercion and out of their free will and the private respondents have also made statement to the effect that they would have no objection if the FIR qua the accused 4. original, along with its report. The relevant part of the said report is reproduced here Sr. No. 1. Total number of persons found involved as accused in the dispute/FIR 2. Number of complainant/victim(s) 3. Whether all the accused and complainant / victims are party to compromise & signed the same -37837-2025 DETAILS OF CRIMINAL CASE:- Section(s) 03.12.2023 148, 149, 323, 325, 427 and 506 IPC Vide order dated 21.07.2025, the affected parties were directed to appear before the learned Trial Court/Illaqa Magistrate, for getting their respective statements recorded with regard to the compromise. Report has since been received from learned Judicial Magistrate Hathin, in pursuance to the directions of this Court wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report(s) compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the private respondents have also made statement to the effect that they would have no objection if the FIR the accused-petitioners is quashed. The trial Court has annexed the statements of the parties in original, along with its report. The relevant part of the said report is reproduced here-below: Description Total number of persons found involved as accused in the dispute/FIR Seven Four declared innocent Number of complainant/victim(s) Seven Whether all the accused and complainant / victims are party to compromise & signed the same Yes Police Station District 148, 149, 323, 325, 427 and 506 IPC Hathin Palwal .2025, the affected parties were directed to appear before the learned Trial Court/Illaqa Magistrate, for getting their respective statements recorded with regard to the compromise. Report has since been received from learned Sub Divisional , in pursuance to the directions of this Court wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report(s) compromise has indeed been and the same is without any pressure or coercion and out of their free will and the private respondents have also made statement to the effect that they would have no objection if the FIR nexed the statements of the parties in original, along with its report. The relevant part of the said report is Description Seven Four declared innocent Seven Yes .2025, the affected parties were directed to appear before the learned Trial Court/Illaqa Magistrate, for getting their sional , in pursuance to the directions of this Court wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report(s) compromise has indeed been and the same is without any pressure or coercion and out of their free will and the private respondents have also made statement to the effect that they would have no objection if the FIR POONAM SHARMA 2025.09.18 10:24 I attest to the accuracy and authenticity of this document CRM-M- 3 4. In case, any affected person (accused or complainant) is left out or not arrayed as party in the quashing petition before High Court, detail whereof; OR His/her statement is still to be recorded, in compliance to the direction of this Court, details of such person 5. Whether any accused has been declared as a proclaimed offender/person or any such proceedings against him/her have been initiated or pending adjudication 6. Report of the Court whether compromise is genuine, voluntary, and without any coercion or undue influence 7. Any other aspect relevant to the present case. 5. accused other than the petitioners and the private respondents are the only aggrieved person in the FIR in question. 6. Magistrate in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, by the Full Bench of this Court in Punjab and another, 2007(3) RCR (Criminal) allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. 7. of compromise and their statements recorded before the Court below. -37837-2025 In case, any affected person (accused or complainant) is left out or not arrayed as party in the quashing petition before High Court, detail whereof; OR No His/her statement is still to be recorded, in compliance to the direction of this Court, details of such person -- Whether any accused has been declared as a proclaimed offender/person or any such proceedings against him/her have been initiated or pending adjudication No Report of the Court whether compromise is genuine, voluntary, and without any coercion or undue influence Yes Any other aspect relevant to the present case. All the relevant detailed above. Learned State counsel too submits that there are no other accused other than the petitioners and the private respondents are the only aggrieved person in the FIR in question. In view of the report of the learned Magistrate Hathin, and the principles laid down by Hon’ble the Apex Court Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, by the Full Bench of this Court in Kulwinder Sin Punjab and another, 2007(3) RCR (Criminal) allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. Needless to say that the parties shall remain bound by the of compromise and their statements recorded before the Court below. No -- No Yes All the relevant aspects have been detailed above. Learned State counsel too submits that there are no other accused other than the petitioners and the private respondents are the only In view of the report of the learned Sub Divisional Judicial , and the principles laid down by Hon’ble the Apex Court Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of Needless to say that the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. Learned State counsel too submits that there are no other accused other than the petitioners and the private respondents are the only Judicial , and the principles laid down by Hon’ble the Apex Court and also gh and others Vs. State of , the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of terms POONAM SHARMA 2025.09.18 10:24 I attest to the accuracy and authenticity of this document CRM-M- 4 8. September 15 Poonam Sharma Whether speaking/reasoned: -37837-2025 Petition stands disposed of. September 15, 2025 Poonam Sharma Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No (SANJAY VASHISTH) JUDGE Yes/No Yes/No (SANJAY VASHISTH) POONAM SHARMA 2025.09.18 10:24 I attest to the accuracy and authenticity of this document