Shivam And Others v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH 131+273 CRM-M-5500-2025 (O&M) Date of Decision:-29.01.2026 SHIVAM AND OTHERS ......PETITIONERS VS.

STATE OF HARYANA AND OTHERS .....RESPONDENTS CORAM:-HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. V.P. Sangwan, Advocate for the petitioners. Mr. T.P. Singh, Senior DAG, Haryana.

Ms. Gurpreet Kaur, Advocate for respondent No.2. (THROUGH VIDEO CONFERENCING) **** JASJIT SINGH BEDI , J.(ORAL ) CRM-25851-2025 Allowed as prayed for.

Main Case:- 1.

The prayer in the present petition under Section 528 of BNSS, 2023 is for quashing of the FIR No.0431 dated 12.06.2023 (Annexure P-1) under Sections 308, 323, 34, 341 and 506 of IPC, registered at Police Station Rohtak City, District Rohtak and all the consequential proceedings arising therefrom on the basis of compromise dated 06.09.2024 (Annexure P-2).

2.

On 30.01.2025, the following order was passed:- "CRM-3868-2025 Application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking exemption from filing certified/true typed copies of P-1 to P-5.

-2For the reasons mentioned in application, same is allowed as prayed for subject to all just exceptions.

Main case Contends, inter alia, that matter has been compromised between the parties i.e. petitioners and respondent Nos. 2 &3.

(2) Notice of motion.

(3) On asking of the Court, Mr. Kiran Pal Singh, learned AAG, Haryana accepts notice on behalf of respondent No.1/State.

(4) Ms. Luxmi, Advocate, who is present in the Court, has filed memorandum of appearance on behalf of respondent Nos.2 & 3. The same is taken on record. She acknowledged the factum of compromise (P-2) arrived at between the parties i.e. petitioners and respondent Nos. 2 & 3.

(5) Requisite number of copies of the petition be supplied to learned Counsel for the respondents during the course of day.

(6) Petitioners shall file their affidavits that there is no other criminal case(s) pending against them and also give the details of any other FIR(s), already quashed on the basis of compromise

(7) In view of the above, let parties appear before the Court of learned Illaqa Magistrate/trial Court on or before 24.02.2025 for recording their statement(s) with reference to the compromise, if any, entered into between them.

(8) Learned Illaqa Magistrate/trial Court shall record the statement(s) of all accused, complainant/injured and victim, if any, and submit a report to this Court before the next date of hearing containing the following information:- (i). Whether the statements of the parties are bona fide and not result of any pressure or coercion etc. in any manner? (ii). Whether the compromise effected between the parties is genuine and valid? (iii). Whether all the accused, complainant and injured are party to the compromise and if not, the details/particulars of such person(s)? (iv). Whether any other case is pending against either of the parties or not, if yes, the details thereof? (v). Whether any of the

-3persons involved in this case/dispute has been declared a proclaimed offender? (vi). Whether any of the petitioner(s) is/are previous convict or not?

(9) List before this Court on 24.03.2025 for further consideration.

(10) Meanwhile, learned State Counsel shall also get the instructions in the matter as to whether the State has any objection?

(11) Copy of this order be sent to learned Judicial Officer concerned forthwith for information and strict compliance." 3.

Thereafter, the matter was adjourned and came up for hearing on 06.05.2025, on which date the following order was passed:- "Ms. Gurpreet Kaur, Advocate has filed vakalatnama on behalf of respondent No. 2. The same is taken on record. Learned Counsel for the petitioners seeks more time for recording the statement of respondent No. 3-Aditya in terms of the order dated 30.01.2025.

One more opportunity is granted for doing the needful. Let statement of respondent No. 3- Aditya be got recorded before learned Illaqa Magistrate/trial Court on 23.05.2024, in terms of the order dated 30.01.2025 on or before 23.05.2025 and report be submitted to this Court by the next date of hearing. Posted for 10.07.2025."

4.

Thereafter, the matter was adjourned to 15.09.2025, on which date the following order was passed:- "The learned counsel for the petitioners seeks one more opportunity for recording the statement of injured/respondent No.3-Aditya son of Vijay through Video Conferencing. In view of the above, the Trial Court is directed to record the statement of respondent No.3-Aditya through Video Conferencing after following the appropriate rules in that regard

-4and the counsels for the parties shall facilitate the same. Let the needful be done within the next two weeks on a date mutually convenient to all the parties and a report after his statement is recorded, be submitted to this Court on or before the next date of hearing i.e. 29.01.2026."

5.

Despite the passing of the aforementioned orders, the statement of respondent No.3/injured, namely, Aditya has not been recorded in support of the compromise.

6.

In view of the above, the present petition stands dismissed, at this stage.

7.

All the pending miscellaneous applications, if any, stand disposed of.

(JASJIT SINGH BEDI) 29.01.2026 JUDGE Kusum Whether speaking/reasoned Yes/No Whether reportable Yes/No