Sawan Kumar And ORS v. State Of Haryana And Another

CRM-M-8920-2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8920-2025 Date of decision : 08.05.2025 Sawan Kumar And Ors ... Petitioners

Versus

State of Haryana and Anr .. Respondents CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Sanjiv Kumar Yadav, Advocate for the petitioners. Mr. Parveen Kumar Aggarwal, DAG, Haryana Ms. Avneet Kaur, Advocate and Mr. Shadab Ahmed, Advocate for respondent No.2. *** H.S. Grewal, J.(Oral) The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short-'BNSS') for quashing of FIR No.273 dated 06.09.2023 (Annexure P-1) under Sections 406,420 of IPC and Section 24 of Immigration Act subsequently added Section 120-B of IPC registered at Police Station Barara, District Ambala and all the subsequent proceedings arising therefrom, on the basis of compromise dated 10.02.2025 (Annexure P-3).

2.

This Court vide order dated 25.02.2025 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.

Renu Rawat 2025.05.12 10:52 I attest to the accuracy and integrity of this document

CRM-M-8920-2025 -23.

Pursuant to the aforesaid order, parties have appeared before the learned Judicial Magistrate Ist Class, Ambala and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted copy of report dated 07.04.2025 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 counsel for respondent No.2 have not disputed the factum of compromise between the parties. 5.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 6.

Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 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 FIR No.273 dated 06.09.2023 (Annexure P-1) under Sections 406,420 of IPC and Section 24 of Immigration Act subsequently added Section 120-B of IPC registered at Police Station Barara, District Ambala and all the subsequent proceedings arising therefrom, on the basis of compromise dated 10.02.2025 (Annexure P-3) are quashed qua the petitioners.

(H.S.GREWAL) JUDGE 08.05.2025 renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Renu Rawat 2025.05.12 10:52 I attest to the accuracy and integrity of this document