Kalyan Singh v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-11246-2025 (O&M) Date of decision: 29.04.2025 Kalyan Singh ....Petitioner

Versus

State of Haryana and others ....Respondent CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Virat Rana, Advocate for the petitioner.

Mr. Ramesh Kumar Ambavta, AAG, Haryana.

Mr. Pushp Jain, Advocate for respondents No.2 and 3.

HARPREET SINGH BRAR J. (Oral) 1.

This 2nd petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No.414 dated 21.07.2017 under Sections 279/337 of IPC registered at Police Station City Bahadurgarh, District Jhajjar and all other subsequent proceedings arising therefrom in view of the compromise dated 13.06.2024. The first petition was dismissed as withdrawn on 17.02.2025 with liberty to implead injured Sandeep. 2.

The following order was passed on 01.03.2025:- "XX XX XX XX Notice of motion.

At this stage, on the asking of the Court, Mr. Vikas Bhardwaj, AAG, Haryana accepts notice on behalf of

respondent No.1-State. Copy of the paper book be supplied to him during the course of day.

Adjourned to 28.03.2025.

In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get recorded their statements regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed.

Learned counsel for the petitioner is directed to ensure presence of respondent Nos.2 and 3 at the time of recording the statement.

Registry is directed to inform the learned counsel for the petitioner with regard to the order passed by this Court.

A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance." 3.

In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone.

4.

In view of the compromise and the ratio of law laid down by the Hon'ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 and Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full

Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed and FIR No.414 dated 21.07.2017 under Sections 279/337 of IPC registered at Police Station City Bahadurgarh, District Jhajjar and all other subsequent proceedings arising out of the same are quashed, qua the petitioner. (HARPREET SINGH BRAR) JUDGE 29.04.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No