Nitin Bindra v. State Of Haryana And ANR.
CRM-M-61617-2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-61617-2024 (O&M) Date of Decision:- 21.02.2025
....Petitioner(s)
Versus
STATE OF HARYANA AND ANR.
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :
Mr. B.N.S. Marok, Advocate with Mr. S.S. Sangha, Advocate for the petitioners. Mr. Vipul Sherwal, AAG Haryana.
Mr. Gaurav, Advocate for Mr. Gagandeep S. Gill, Advocate for respondent No.2. ***** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, petitioners seek quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 17.05.2024 and 16.09.2024 (Annexures P-2 and P-3) executed between the parties. Details of the FIR are as follows:
FIR No.
Dated Sections Police Station 30.03.2024 406, 420, 120-B IPC Sector-20, Panchkula 2.
With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 17.05.2024 and 16.09.2024 (Annexures P-2 and P-3), which is duly signed by them. The matter was referred to the Court below for recording of SANDAL SHARMA 2025.02.27 11:48 I attest to the accuracy and authenticity of this order/judgment
CRM-M-61617-2024 (O&M) -2- statements of the parties and to report with respect to genuineness of the compromise arrived at between the parties. The Judicial Magistrate 1st Class, Panchkula vide report dated 15.02.2025 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioners have also deposited the cost of Rs.40,000/- in compliance to the order dated 31.01.2025.
3.
Respondent No. 2 is represented by his counsel and does not oppose the compromise.
4.
In view of the aforesaid report of the Judicial Magistrate 1st Class, Panchkula and in view of the decision of the Hon'ble Supreme Court in "Gian Singh Vs. State of Punjab and another", 2012(4) RCR (Criminal) 543 and "Narinder Singh and Others Vs. State of Punjab and Another", (2014) 6 SCC 466, this Court is of the opinion that no useful purpose can be served by keeping the criminal proceedings pending, since the complainant has himself compromised the dispute with the petitioners/ accused persons. 5.
In the circumstances, the present petition is allowed. FIR No.49 dated 30.03.2024, under Sections 406, 420, 120-B of IPC registered at Police Station Sector-20, Panchkula (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioners.
(SANJIV BERRY) JUDGE 21.02.2025 S.Sharma(syr) i) Whether speaking/reasoned?
Yes/No ii) Whether reportable?
Yes/No SANDAL SHARMA 2025.02.27 11:48 I attest to the accuracy and authenticity of this order/judgment