Surender Kumar v. State Of Haryana And Another
CRM-M-139-2025 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH CRM-M-139-2025 (O&M) Date of Decision:- 28.01.2025 SURENDER KUMAR ....Petitioner(s)
Versus
STATE OF HARYANA AND ANOTHER
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :
Mr. Nitin Goswami and Mr. S.K. Malik, Advocates for the petitioner.
Mr. Vipul Sherwal, AAG Haryana.
***** SANJIV BERRY, J. (ORAL) By way of present petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, petitioner seeks quashing of FIR (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 12.12.2024 (Annexure P-2) executed between the parties. Details of the FIR are as follows: FIR No.
Dated Sections Police Station 15.12.2023 379, 406, 420 and 506 IPC City Gohana, District Sonipat 2.
With the intervention of respectables and elderly people of the society, the parties have arrived at a settlement vide compromise deed dated 12.12.2024 (Annexure P-2), which is duly signed by them. The matter was referred to the Court below for recording of statements of the parties and to report with respect to genuineness of the compromise arrived at between the SANDAL SHARMA 2025.01.30 10:59 I attest to the accuracy and authenticity of this order/judgment
CRM-M-139-2025 (O&M) -2- parties. The learned Sub Division Judicial Magistrate, Gohana vide report dated 20.01.2025 has apprised this Court that the compromise arrived at between the parties is genuine and without any pressure. The petitioner has also deposited the cost of Rs.15,000/- in compliance to the order dated 09.01.2025.
3.
Respondent No.2 is represented by his counsel and does not oppose the compromise.
4.
In view of the aforesaid report of the learned Sub Division Judicial Magistrate, Gohana 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.574 dated 15.12.2023 under Sections 379, 406, 420 and 506 of IPC registered at Police Station City Gohana, District Sonipat (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed on the basis of compromise qua the present petitioner. (SANJIV BERRY) JUDGE 28.01.2025 S.Sharma(syr) i) Whether speaking/reasoned?
Yes/No ii) Whether reportable?
Yes/No SANDAL SHARMA 2025.01.30 10:59 I attest to the accuracy and authenticity of this order/judgment