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High Court of Punjab and HaryanaCRM-M/43353/2024allowed

Mandhir Bajaj And ORS v. State Of Haryana And ANR

2025-03-01Mr. Justice Harpreet Singh Brar2 pages

CRM-M-43353-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-43353-2024 (O&M) Date of decision: 01.03.2025 Mandhir Bajaj and others ....Petitioners

Versus

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

Present:

Mr. Mohan Sheoran, Advocate for Mr. Gulrej Khan, Advocate for the petitioners. Mr. Vikas Bhardwaj, AAG, Haryana.

Mr. Parminder Pal Singh, 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.149 dated 17.06.2024 under Sections 406/420 of IPC registered at Police Station Ambala Sadar, District Ambala, and all other subsequent proceedings arising therefrom in view of the compromise dated 16.07.2024.

2.

The following order was passed on 29.01.2025:- "XX XX XX XX Reply by way of an affidavit dated 28.10.2024 of Vijay Kumar, HPS, Deputy Superintendent of Police, HQS, Ambala filed on behalf of respondent No.1-State is taken on record.

Adjourned to 01.03.2025.

In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two MOHD YAKUB 2025.03.01 14:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CRM-M-43353-2024 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 i.e. 01.03.2025.

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.149 dated 17.06.2024 under Sections 406/420 of IPC registered at Police Station Ambala Sadar, District Ambala and all other subsequent proceedings arising out of the same are quashed, qua the petitioners. (HARPREET SINGH BRAR) JUDGE 01.03.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2025.03.01 14:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh