Neeraj Kumar And Others v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.13830 of 2025 (O&M) Date of decision: 05.04.2025 Neeraj Kumar and others ....Petitioners

Versus

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

Present:

Ms. Gurneet Kaur, Advocate for Mr. Satbir Singh Gill, Advocate for the petitioners.

Mr. Ramesh Kumar Ambavta, AAG, Haryana.

Ms. Neha Bindal, Advocate for respondents No.2 and 3.

HARPREET SINGH BRAR J. (Oral) 1.

This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No.669 dated 28.09.2024 registered under Sections 115/118(1)/3(5)/324(4) of BNS (Sections 117(2)/118(2)/190/191(2)/191(3) of BNS added later on) at Police Station Sirsa City, District Sirsa and all other subsequent proceedings arising therefrom in view of the compromise (Annexure P-4). 2.

The following order was passed on 12.03.2025:- "XX XX XX XX Notice of motion for 05.04.2025 At this stage, on the asking of the Court, Ms. Geeta Sharma, DAG, Haryana accepts notice on behalf of

respondent No.1-State and Ms. Neha Bindal, Advocate accepts notice for respondents No.2 & 3 and files her memorandum of appearance and admits to the factum of compromise. She is directed to file her power of attorney on or before the next date of hearing. Copy of the paper book be supplied to them during the course of day. Service is complete.

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 their statements recorded 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.

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.669 dated

28.09.2024 registered under Sections 115/118(1)/3(5)/324(4) of BNS (Sections 117(2)/118(2)/190/191(2)/191(3) of BNS added later on) at Police Station Sirsa City, District Sirsa and all other subsequent proceedings arising out of the same are quashed, qua the petitioners. (HARPREET SINGH BRAR) JUDGE 05.04.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No