Zakir Hussain And Others v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-24399-2025 Date of decision: July 16th, 2025 Zakir Hussain and others .....Petitioners

Versus

State of Haryana and another .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Ravi Malik, Advocate for the petitioners.

Mr. Karan Sharma, Deputy Advocate General, Haryana. Mr. Sanjeev Kumar, Advocate for respondent Nos.2 to 5.

MANJARI NEHRU KAUL, J. (ORAL) Prayer in the instant petition filed under Section 528 of the BNSS, 2023 is for quashing of FIR No.9 dated 05.01.2016 under Sections 148, 149, 323, 506, 216 of the IPC and Section 3(X) of The SC/ST Act, registered at Police Station Hathin, District Palwal along with all consequential proceedings arising therefrom on the basis of compromise deed dated 01.02.2025 (Annexure P-2). 2.

Vide order dated 07.05.2025 of this Court, the parties were directed to appear before the learned trial Court/Illaqa Magistrate on 29.05.2025 to get their statements recorded regarding the compromise arrived at, between them.

3.

Report has since been received from learned trial Court, in pursuance of the directions of this Court, wherein, the PUNEET SACHDEVA 2025.07.16 14:40 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-24399-2025 -2factum of the compromise arrived at between the parties stands verified and confirmed. As per the report compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the private respondents have also made statement to the effect that they would have no objection if the FIR qua the accused-petitioners is quashed.

4.

The trial Court has annexed the copies of the statements of the parties, along with its report.

5.

Learned State counsel too submits that there are no other accused other than the petitioners and the private respondents are the only aggrieved person in the FIR in question. 6.

In view of the report of the learned trial Court and the principles laid down by Hon'ble the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed.

7.

Needless to say the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. July 16th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No PUNEET SACHDEVA 2025.07.16 14:40 I attest to the accuracy and authenticity of this document Chandigarh