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High Court of Punjab and HaryanaCRM-M/38776/2025allowed

Ashwani Sharma v. State Of Haryana And Another

2025-09-02Mrs. Justice Sukhvinder Kaur2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-38776-2025 Date of Decision: 02.09.2025 ASHWANI SHARMA ....Petitioner(s)

VERSUS

STATE OF HARYANA AND ANOTHER ....Respondent(s) CORAM: HON'BLE MRS. JUSTICE SUKHVINDER KAUR

Present:

Mr. Mohit Kumar Aneja, Advocate for the petitioner (through video conferencing). Mr. Sulinder Kumar, DAG, Haryana.

Mr. Kunal Jindia, Advocate for respondent No.2. **** SUKHVINDER KAUR , J. (Oral) The present petition has been filed for quashing of FIR No.473 dated 02.08.2024, under Sections 420, 467, 468, 471 IPC, registered at Police Station Samalkha, District Panipat, and all subsequent proceedings arising therefrom on the basis of compromise dated 16.07.2025 (Annexures P-2).

This Court vide order dated 22.07.2025 had directed the parties to appear before the trial Court to get their statements recorded and the learned Magistrate was directed to send its report qua genuineness of the compromise.

Pursuant to the aforesaid order, parties appeared before the learned Sub-Divisional Judicial Magistrate, Samalkha, and got their statements recorded. On the basis of statements so recorded, learned SubDivisional Judicial Magistrate has submitted his report dated 06.08.2025 SANGEETA 2025.09.03 11:18 I attest to the accuracy and integrity of this document

CRM-M-38776-2025 vide which he has submitted that as per the statement of the parties, the compromise dated 16.07.2025 effected between them appears to be genuine, voluntary and without any coercion or undue influence. Learned State Counsel as well as counsel for respondent No. 2 have not disputed the factum of compromise between the parties. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR No.473 dated 02.08.2024.

Following the principles laid down by the Full Bench Judgment of this Court in Kulwinder Singh and others Vs. State of Punjab and another 2007(3) RCR (Criminal) 1052 and approved by the Hon'ble Supreme Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, the present petitions are allowed and FIR No.473 dated 02.08.2024, under Sections 420, 467, 468, 471 IPC, registered at Police Station Samalkha, District Panipat, and all subsequent proceedings arising therefrom, on the basis of compromise dated 16.07.2025 (Annexures P-2) are quashed qua the petitioner. Pending application(s), if any, shall also stand disposed of. (SUKHVINDER KAUR) September 02, 2025 JUDGE Sangeeta Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No SANGEETA 2025.09.03 11:18 I attest to the accuracy and integrity of this document