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High Court of Punjab and HaryanaCRM-M/22372/2025allowed

Rambir Singh And Another v. State Of Haryana And Another

2025-05-26Mr. Justice Harpreet Singh Brar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-22372-2025 (O&M) Date of decision: 26.05.2025 Rambir Singh and another ....Petitioners

Versus

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

Present:

Mr. S.K. Tripathi, Advocate for the petitioners.

Mr. Rishabh Singla, AAG, Punjab.

Mr. Mittardeep Singh, Advocate and Mr. Rakesh Kumar Chauhan, Advocate for respondent No.2.

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.0085 dated 20.03.2021 under Sections 323/34/452/506 of IPC registered at Police Station Bawal, Rewari, District Rewari (Annexure P-1) (charges under Section 452 of IPC removed by learned Judicial Magistrate Ist Class, Bawal on 03.10.2024) and all other subsequent proceedings arising therefrom in view of the compromise dated 18.04.2025 (Annexure P-2).

2.

The following order was passed on 29.04.2025:- "XX XX XX XX Notice of motion.

At this stage, on the asking of the Court, Ms. Geeta Sharma, DAG, Haryana accepts notice on behalf of respondent No.1-State and Mr. Rakesh Kumar Chauhan, Advocate accepts notice for respondent No.2 and files his power of attorney, which is taken on record. He admits to the factum of compromise. Copy of the paper book be supplied to them during the course of day.

Service is complete.

Adjourned to 26.05.2025.

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.

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.0085 dated 20.03.2021 under Sections 323/34/452/506 of IPC registered at Police Station Bawal, Rewari, District Rewari (Annexure P-1) (charges under Section 452 of IPC removed by learned Judicial Magistrate Ist Class, Bawal on 03.10.2024) and all other subsequent proceedings arising out of the same are quashed, qua the petitioners. (HARPREET SINGH BRAR) JUDGE 26.05.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No