CRM-M-29936-2026 (O&M) 1- 143 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-29936-2026 (O&M) Date of Decision: 09.07.2026 SANDEEP NAGAR AND OTHERS …PETITIONERS V/S STATE OF HARYANA AND ANOTHER …RESPONDENTS CORAM: HON’BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Vaibhav Jain, Advocate, Mr. Akshat Dalal, Advocate, Mr. Shlok Dalal, Advocate and Mr. Anil Sokal, Advocate for the petitioners. Mr. Vikas Bhardwaj, AAG, Haryana. **** SHALINI SINGH NAGPAL J. 1. Petitioners seek quashing of FIR No. 580 dated 25.07.2018 under Sections 148, 149, 341, 307, 323, 325, 427, 506 and 201 Indian Penal Code and Sections 25, 54, 59 Arms Act, Police Station Sector-08 Faridabad, District Faridabad and all subsequent proceedings arising therefrom. 2. Case was registered on complaint of Kamal Singh son of Jaswant Singh alias Rajendra who stated that on 24.07.2018, his brother Tarif Singh and his companions Sheru son of Ravindra Bunty son of Surendra, Amit alias Antu son of Narvir were travelling towards NIT in TATA Safari bearing Registration No.HR51AX0445. At around 07:30 to 08:00 PM, when they reached near Milan Restaurant in Sector 7-10 market, a Swift car bearing Registration No.HR29AJ1010 approached from behind, overtook them and blocked the way of the TATA Safari in which his brother and companions were seated. Other vehicles also arrived from which Omi, SUMIT SINGLA 2026.07.13 17:45 I attest to the accuracy and integrity of this document CRM-M-29936-2026 (O&M) -2- Pradeep, Dhanni, Sandeep, Kapil, Vishal, Tinni, Virendra alias Galle and 10-12 other boys alighted. Omi fired a shot at his brother and his companions using a country made firearm. Dhanni fired a shot using pistol, Sandeep struck a shovel, Tinni hit with an iron rod while others attacked them with axes, hammers, lathis and iron rods with clean intention to commit murder. They also severely vandalized the TATA Safari. All 4 occupants of the vehicle suffered grievous injuries. Balram resident of Village Nawada was also involved with the assailants. Omi, Dhannia and their accomplices were continuously assaulting his brother and his companions while shouting “kill them” and later fled from the scene, leaving them severely injured, in half dead condition. They were rushed to hospital for medical treatment from where they were referred to higher centre. Legal action was prayed for. 3. Learned counsel for the petitioner submits that upon presentation of challan, trial in the sessions case commenced before learned Additional Sessions Judge, Faridabad. When examined on oath, the star witnesses i.e. complainant PW2 and injured PW3 to PW6 resiled from prosecution case testifying that the incident was an accident with unknown persons which led to a spontaneous altercation. All material witnesses failed to identify the petitioners as the assailants. There was thus, no possibility of conviction and the continuation of trial was an exercise in sheer futility, abuse of the process of law warranting quashing of the FIR. 4. In C.S. Prasad v. C. Satyakumar And Others 2026 INSC 39, Hon’ble Supreme Court observed thus:- “22. The jurisdiction under Section 482 of the Cr.PC is extraordinary in nature and is to be exercised with great caution. SUMIT SINGLA 2026.07.13 17:45 I attest to the accuracy and integrity of this document CRM-M-29936-2026 (O&M) -3- This Court in catena of judgments has emphasised that the High Court must avoid usurping the function of a trial court or conducting a mini-trial when disputed factual questions attend the maintainability of a complaint. The only requirement is to examine whether the uncontroverted allegations, as contained in the FIR, taken at their face value, disclose the commission of any cognizable offence. 24….. it is apt clear that even though the powers under Section 482 of the Cr.PC are very wide, its conferment requires the High Courts to be more cautious and diligent. While examining any FIR, the High Court exercising its power under this provision cannot go embarking upon the genuineness of the allegations made. The High Court must only consider whether there exists any sufficient material to proceed against the accused or not and must not be concerned with the reliability, sufficiency, or acceptability of the evidence. 31. It is a settled proposition that when a factual foundation for prosecution exists, criminal law cannot be short-circuited by invoking inherent jurisdiction under Section 482 of the Cr.PC. Where allegations require adjudication on evidence, the proper course is to permit the trial to proceed in accordance with law……” 5. Trial in the case registered against the petitioners is pending before learned Additional Sessions Judge, Faridabad and is in progress. Even if 6 material witnesses examined during the trial have not supported prosecution case and have declined to identify the culprits, this Court SUMIT SINGLA 2026.07.13 17:45 I attest to the accuracy and integrity of this document CRM-M-29936-2026 (O&M) -4- cannot, at the behest of the petitioners, proceed to exercise inherent powers under Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 to quash the FIR which prima facie discloses commission of cognizable offences. Jurisdiction under Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 cannot be exercised to conduct a mini trial and exonerate the accused, when trial is in progress and numerous other witnesses are yet to be examined. Whether examination of remaining witnesses would be a futile exercise is a question which the trial Judge ought to consider and decide. Adjudication of the trial is best left to the trial Court. 6. The case of the petitioner does not fall within the parameters laid down by Hon’ble Supreme Court in State of Haryana and Others vs. Chaudhary Bhajan Lal and Others, 1992 AIR 604 and it is not a fit case for quashing the FIR. The petition is, therefore, dismissed. 7. Pending miscellaneous applications, if any, stand disposed of. (SHALINI SINGH NAGPAL) JUDGE 09.07.2026 Sumit Singla Whether speaking/reasoned Yes/No Whether reportable Yes/No SUMIT SINGLA 2026.07.13 17:45 I attest to the accuracy and integrity of this document