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High Court of Punjab and HaryanaCRM-M/20909/2026allowed

Yogesh And Others v. State Of Haryana And Others

2026-05-18Mr. Justice Sumeet Goel6 pages



                       

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The petitioners have approached this Court seeking quashing of FIR and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Notice of motion.

Ms. Priyanka Sadar, Senior DAG, Haryana accepts notice on behalf of the respondents/State.

At this juncture, Mr. Manik Midha, Advocate causes appearance on behalf of respondents no.2 to 5 and has filed his vakalatnama, on behalf of respondents no.2 to 4 and memo of appearance on behalf of respondent no.5, which are taken on record. Learned counsel has ratified the matter having been compromised between the parties. The parties are directed to get their statements recorded qua the factum of compromise in the following manner: (i) The petitioners shall appear before the trial Court/Illaqa Magistrate concerned on 24.4.2026 or any date thereafter as fixed by trial Court/Illaqa Magistrate for recording statements of the petitioners as well as of the complainant qua the factum of compromise. As and when any such appearance is made, the trial Court/Illaqa Magistrate shall do the needful for recording the statements of the parties qua the factum of the compromise. It shall be open to the trial Court/Illaqa Magistrate to either record the statements of the parties by physical process or by video conferencing as deemed appropriate by the trial Court/ Illaqa Magistrate.

(ii) In case the statement is to be recorded by way of video conferencing, the parties concerned shall be duly identified through video conferencing by their respective counsel, subject to the satisfaction of the Presiding Officer.

(iii) The trial Court/Illaqa Magistrate may also choose to get the statements of the parties recorded through some Commissioner, appointed by the Court who would be some Advocate having sufficient standing at the Bar. In case the statement is recorded through some Commissioner, such Commissioner/Advocate shall furnish an affidavit after recording statements to the effect that the parties had appeared before him/her and he/she had recorded their statements as per law and that the said parties had been duly identified by their respective counsel. This shall be subject to satisfaction of trial Court/Illaqa Magistrate.

After recording the statements of all the affected parties in either of the aforesaid manner, the trial Court/Illaqa Magistrate shall submit its report on the basis of the statements so recorded as to whether all the affected parties have entered into a compromise and as to whether the compromise in question is found to be a valid compromise and has been effected without there being any kind of influence or coercion.

(i) Whether there is any other accused other than the petitioners, arrayed in this petition?

(ii) Whether there is any other complainant or affected/ aggrieved party other than the respondents, arrayed in the petition? (iii) Whether any accused has been declared Proclaimed Offender? The report be submitted before this Court before the next date of hearing i.e. 18.5.2026.

The petitioners are directed to deposit a sum of ₹1,50,000/- as costs with the Punjab and Haryana High Court Employees Welfare Association, bank details whereof reads thus:

Account No.37167209613;

IFSC Code : SBIN0050306;

Branch Code : 50306 & Bank : State Bank of India, High Court Branch, Chandigarh. Payment of costs and production of receipt thereof shall be a condition precedent for recording of statements in the manner directed for hereinabove.

It is explicit that the payment of costs and recording of statements shall not be construed as any kind of equity in favour of the petitioners. + ''    *!*"!*!48    5 < ='  & 7

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