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High Court of Punjab and HaryanaCRM-M/31445/2025disposed of

Yaman And Another v. State Of Haryana And Others

2025-08-08Ms. Justice Rupinderjit Chahal2 pages

CRM-M-31445-2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31445-2025 Date of Decision: 08.08.2025 YAMAN AND ANOTHER ....Petitioners

Versus

STATE OF HARYANA AND OTHERS ....Respondents CORAM: HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present:- Mr. Pawan Kumar Hooda, Advocate for the petitioners. Mr. Mohit Chaudhary, AAG, Haryana.

Mr. Aman Nain, Advocate for respondent No.2.

***** RUPINDERJIT CHAHAL, J (ORAL) 1.

The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short-'BNSS') for quashing of FIR No. 85 dated 29.03.2024, registered under Sections 323, 34, 427, 452, 506 IPC (Section 325 IPC added later on) at Police Station Badli, District Jhajjar (Annexure P-1), and all the subsequent proceedings arising therefrom, on the basis of compromise dated 21.05.2025 (Annexure P-2). 2.

This Court vide order dated 01.07.2025 had directed the parties to appear before the Illaqa/Duty Magistrate to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise.

3.

Pursuant to the aforesaid order, parties have appeared before the MOHIT 2025.08.12 18:01 I attest to the accuracy and integrity of this document learned Judicial Magistrate, Ist Class, Bahadurgarh and got their statements

CRM-M-31445-2025 -2recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 21.07.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.

4.

Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties. 5.

In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 6.

Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this petition is allowed and FIR No. 85 dated 29.03.2024, registered under Sections 323, 34, 427, 452, 506 IPC (Section 325 IPC added later on) at Police Station Badli, District Jhajjar (Annexure P-1) and all subsequent proceedings arising therefrom on the basis of compromise dated 21.05.2025 (Annexure P-2) are quashed qua the petitioners. (RUPINDERJIT CHAHAL) 08.08.2025 JUDGE Mohit Bishnoi Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MOHIT 2025.08.12 18:01 I attest to the accuracy and integrity of this document