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High Court of Punjab and HaryanaCRM-M/14189/2026allowed

Kartik v. State Of Haryana And Another

2026-06-10Mr. Justice Rohit Kapoor4 pages

CRM-M-14189-2026 (O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-14189-2026 (O&M) Date of decision: 10.06.2026 Kartik ....Petitioner

Versus

State of Haryana and another

...Respondents

CORAM: HON'BLE MR. JUSTICE ROHIT KAPOOR *****

Present:

Mr. Hitesh Verma, Advocate for the petitioner.

Mr. Ajit Kumar Sharma, DAG, Haryana Mr. Ranbir Sharma, Advocate for respondent No.2-complainant.

***** ROHIT KAPOOR, J. (Oral) 1.

The present petition has been filed under section 528 of BNSS, 2023 (corresponding to section 482 CrPC) for quashing of case FIR No.115 dated 10.07.2025 under sections 115, 126, 3(5), 351(3) of BNS, 2023 (corresponding to sections 321, 126, 34, 506 of IPC) registered at police station Bahuakbarpur, District Rohtak (Annexure P-1), and all consequential proceedings arising therefrom, on the basis of the compromise dated 18.01.2026 (Annexure P-2) which is stated to have been effected between the parties. 2.

On 20.05.2026, the Coordinate Bench of this Court passed the following order:- "This is a petition under Section 528 of BNSS, 2023 for quashing of FIR No.115, dated 10.07.2025, under Sections 115, 126, 3(5), 351(3) of BNS, 2023 (corresponding to Sections 321, 126, 34, 506 IPC, 1860) registered at Police Station Bahuakbarpur, District Rohtak with all

CRM-M-14189-2026 (O&M) 2 subsequent proceedings arising therefrom, on the basis of compromise dated 18.01.2026 (Annexure P-2).

List on 09.07.2026.

In the meantime, the parties are directed to appear before the Illaqa Magistrate/trial Court on 22.05.2026 for recording of their statements with regard to the compromise.

The trial Court is directed to submit a report on or before the next date of hearing containing the following information:- I.

Total number of persons found involved as accused in the dispute/FIR;

II.

Number of complainant/victim(s);

III.

Whether all the accused and complainant/victims are party to compromise and signed the same;

IV.

In case, any affected person (accused or complainant) is left out or not arrayed as party in the quashing petition before the High Court, detail whereof; OR His/her statement is still to be recorded, in compliance to the direction of this Court, details of such person;

V.

Whether any accused has been declared as a proclaimed offender/person or any such proceedings against him/her have been initiated or pending adjudication;

VI.

Report of the Court whether compromise is genuine, voluntary, and without any coercion or undue influence; VII.

Any other aspect relevant to the present case." 3.

Pursuant to the above-mentioned order, report dated 25.05.2026 has been received from the Judicial Magistrate, First Class, Rohtak. As per the report, the trial Court has recorded as under:- "(i) Four persons namely Kartik, Prashant, Satpal and Sanjay were arraigned as accused in FIR but challan was filed against only one accused namely Kartik.

(ii) There is only one complainant/injured/aggrieved person namely Bharat.

(iii) Yes all the accused and complainant/victims are party to compromise & signed the same.

CRM-M-14189-2026 (O&M) 3 (iv) No affected person is left out or not arrayed as party in the quashing petition before High Court.

(v) Accused Kartik was never declared PO in the present case. (vi) The compromise is genuine, voluntary, and without any coercion or undue influence.

(vii) No other relevant aspect."

4.

Learned counsel for respondent No.2 admits the factum of the parties having compromised the matter conclusively, and states that he has no objection in case the FIR and all proceedings arising therefrom against the petitioner are quashed.

5.

Similarly, the State counsel also has no objection, in case the FIR is quashed on the basis of the compromise dated 18.01.2026 (Annexure P-2). 6.

I have heard learned counsel for the parties and have carefully gone the records of the case.

7.

This Court and the Hon'ble Supreme Court, have repeatedly dealt with the issue of exercise of jurisdiction under section 482 of CrPC to quash proceedings in non-compoundable offences. In Gian Singh vs. State of Punjab and another, (2012) 10 SCC 303, and Pulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, it has inter alia been observed that in order to secure the ends of justice, or to prevent the abuse of process of Court, the inherent powers of the High Court can be invoked to quash criminal proceedings on the basis of a compromise. Such inherent power is of wide plenitude with no statutory limitation, however, the same cannot be exercised in prosecutions involving heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc, as such offences are not private in nature and have a serious impact on the society.

8.

The statutory provisions of section 528 of BNSS are the same as the

CRM-M-14189-2026 (O&M) 4 statutory provisions of section 482 of CrPC. Therefore, the settled position of law as discussed hereinabove, would apply to a petition under section 528 of BNSS, as well.

9.

Keeping in view the facts and circumstances involved and after perusing the report of the trial Court regarding amicable settlement between the petitioner and the complainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties, and it is in the interest of both sides to bury the hatchet and lead a peaceful life. In the considered opinion of this Court, no useful purpose would be served in continuing the proceedings and in order to secure the ends of justice, the criminal proceedings in the present case deserve to be quashed.

10.

Consequently, the present petition is allowed, and FIR No.115 dated 10.07.2025 under sections 115, 126, 3(5), 351(3) of BNS, 2023 (corresponding to sections 321, 126, 34, 506 of IPC) registered at police station Bahuakbarpur, District Rohtak (Annexure P-1) and all other consequential proceedings are quashed, on the basis of the compromise dated 18.01.2026 (Annexure P-2). 11.

Pending applications, if any, shall stand disposed of accordingly. (ROHIT KAPOOR) 10.06.2026 JUDGE mohit goyal Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No