RAKESH KUMAR AND OTHERS v. STATE OF HARYANA AND ANOTHER
CRM-M/44995/2025 · 2025-09-24
Yashvir Singh Rathor
body2025
DailyLaw.ai
[ 2025 DAILYLAW 92011 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 92011 (PNJ) · dailylaw.ai ]
Judgment text
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S. No.284 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
**** CRM-M-44995 of 2025 Date of Decision:24.09.2025 Rakesh Kumar and others .....Petitioners Vs. State of Haryana and another
.....Respondents CORAM:- HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present:- Mr. Mohan Singla, Advocate for the petitioners. (Through Video Conferencing). Mr. R.K. Ambavta, DAG, Haryana. Mr. Sumeet Singh, Advocate for Mr. M.S. Gahlawat, Advocate for respondent No.2. **** Yashvir Singh Rathor, J. (Oral)
1. Prayer in this petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 is for quashing of F.I.R. No.25 dated 17.01.2020 registered under Sections 323/342/365/506/147/148 IPC and Section 25 of the Arms Act, at Police Station City Tohana, District Fatehabad (challan presented only under Sections 323/342/506/325/34 IPC) and all subsequent proceedings arising therefrom on the basis of compromise dated 25.07.2025 (Annexure P.3). 2. This Court vide order dated 20.08.2025 had directed the parties to appear before the Trial Court/Illaqa Magistrate to get their statements recorded and the learned Magistrate was directed to send his/her report qua the genuineness of the compromise. RENU 2025.09.24 19:22 I attest to the accuracy and integrity of this document Chandigarh
CRM-M-44995 of 2025 -2-
3. Pursuant to the aforesaid order, parties have appeared before learned Sub Divisional Judicial Magistrate, Tohana and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 01.09.2025 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 learned counsel for respondent No.2 have not disputed the factum of compromise between the parties. 6. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant F.I.R. following the principles laid down by the Full Bench judgment of this Court in 2007 (3) RCR (Criminal) 1052- Kulwinder Singh and others Versus State of Punjab and another, 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 all subsequent proceedings arising therefrom on the basis of compromise qua petitioner(s), are hereby quashed. 7. Pending application (s), if any, shall also stand disposed of.
(Yashvir Singh Rathor) Judge September 24, 2025 renu Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RENU 2025.09.24 19:22 I attest to the accuracy and integrity of this document Chandigarh