Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 81365 (PNJ)

JASMAT AND OTHERS v. STATE OF HARYANA AND OTHERS

CRM-M/38894/2025 · 2025-09-17

Sanjay Vashisth

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM 1 IN THE HIGH COURT OF PUNJAB AND HARYANA 319 JASMAT AND OTHERS STATE OF CORAM: PRESENT: SANJAY VASHISTH, J. 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 therefrom, on the 14.07.2025 (Annexure P CRM-M-38894-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH JASMAT AND OTHERS VS. STATE OF HARYANA AND OTHERS CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Tejas Ahlawaat, Advocate for the petitioners. Mr. Amish Sharma, AAG, Haryana. Mr. Vikas Singh Chawra, Advocate for respondents No.2 to 6. **** 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 7.2025 (Annexure P-3), effected between the parties. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38894-2025 Decided on : 17.09.2025 . . . PETITIONERS . . . RESPONDENTS HON'BLE MR. JUSTICE SANJAY VASHISTH Advocate Mr. Amish Sharma, AAG, Haryana. Mr. Vikas Singh Chawra, Advocate for respondents No.2 to 6. 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 basis of the compromise dated ), 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 e dated POONAM SHARMA 2025.09.18 14:56 I attest to the accuracy and authenticity of this document CRM 2 DETAILS OF CRIMINAL CASE FIR No. Date 0071 06.04.2023 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 and the same is without any pressur 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 CRM-M-38894-2025 DETAILS OF CRIMINAL CASE:- Section(s) 06.04.2023 148, 149, 323, 341 and 506 of IPC Vide order dated 24.07.2025, the affected 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 Narwana, 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 pressur 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 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 Nine (4 found innocent) 5 accused Number of complainant/victim(s) One Police Station District 148, 149, 323, 341 and 506 of IPC Uchana Jind .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 n 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 trial Court has annexed the statements of the parties in original, along with its report. The relevant part of the said report is Description Nine persons (4 found innocent) 5 accused One Complainant. However, apart parties were directed to appear before the learned Trial Court/Illaqa Magistrate, for getting their Sub Divisional n 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 e 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 14:56 I attest to the accuracy and authenticity of this document CRM 3 3. Whether all the accused and complainant / victims are party to compromise & signed the same 4. In case, any affected person (accused or complainant) is 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 present case. 5. accused other than the petitioners and the private respondents are the only aggrieved person in the FIR 6. Magistrate Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in State of Punjab and another, 2007(3) RCR (Criminal) petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. CRM-M-38894-2025 from him there were four other victims Whether all the accused and complainant / victims are party to compromise & signed the same Yes 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 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 aggrieved person in the FIR in question. In view of the report of the learned Magistrate Narwana and the principles laid down by Hon’ble the Apex Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in State of Punjab and another, 2007(3) RCR (Criminal) petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed. from him there were four other victims Yes 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 Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in 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 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 Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, Kulwinder Singh and others Vs. , the instant petition is allowed. The aforesaid FIR and all consequential proceedings POONAM SHARMA 2025.09.18 14:56 I attest to the accuracy and authenticity of this document CRM 4 7. of compromise and their statements recorded before the Court below. 8. September 17 Poonam Sharma Whether CRM-M-38894-2025 Needless to say that the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. Petition stands disposed of. September 17, 2025 Poonam Sharma Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Needless to say that the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. (SANJAY VASHISTH) JUDGE Yes/No Yes/No Needless to say that the parties shall remain bound by the terms (SANJAY VASHISTH) POONAM SHARMA 2025.09.18 14:56 I attest to the accuracy and authenticity of this document