Allowed¶19

Rajesh Kumar Alias Rajesh Sharma and Anr. v. State of Haryana and Others

Punjab & Haryana HC8 Jul 2025CRM-M/16206/2025

Case brief

AI extract

What is this about?

CRM-M-16206-2025, Punjab & Haryana HC (Chandigarh), decided 08.07.2025, Manjari Nehru Kaul, J. Petitioners Rajesh Kumar @ Rajesh Sharma and another v. State of Haryana and others. FIR No.210 dated 14.05.2023, PS Kurukshetra University, under Ss.406/420/120-B IPC and Ss.10 & 24 Immigration Act, quashed on compromise dated 28.01.2025 verified by JMFC Kurukshetra; complainants (resp. Nos.2 & 3) gave no-objection; relies on Gian Singh (2012) 10 SCC 303 and Kulwinder Singh 2007(3) RCR (Criminal) 1052; invoked S.528 BNSS 2023; parties bound by compromise terms.

What did the court decide?

Quashing of FIR No.210 dated 14.05.2023 registered at Police Station Kurukshetra University, District Kurukshetra, and all subsequent/consequential proceedings arising therefrom. ¶19

Rajesh Kumar Alias Rajesh Sharma and Anr. Vs… — Cheating and Forgery | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Quashing of FIR No.210 dated 14.05.2023 registered at Police Station Kurukshetra University, District Kurukshetra, and all subsequent/consequential proceedings arising therefrom.

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Issue for consideration

Whether FIR No.210 dated 14.05.2023 (Sections 406/420/120-B IPC; Sections 10 and 24 Immigration Act) and all subsequent proceedings arising therefrom should be quashed on the basis of the compromise dated 28.01.2025 between the parties. +1 more

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Court's answer

In view of the trial Court's report confirming the compromise, and relying on the principles laid down by the Apex Court in Gian Singh (2012) 10 SCC 303 and by the Full Bench of this Court in Kulwinder Singh, 2007(3) RCR (Criminal) 1052, the petition is allowed and the FIR and all consequential proceedings arising out of it are quashed.

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Ratio / Principle

The factum of the compromise arrived at between the parties stands verified and confirmed by the learned Judicial Magistrate Ist Class, Kurukshetra, in pursuance of this Court's directions.

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Key takeaways

The compromise was effected without any pressure or coercion and out of the free will of the parties.ratio¶19
The complainants made statements that they would have no objection if the FIR qua the accused-petitioners is quashed.ratio¶19
The parties shall remain bound by the terms of the compromise and their statements recorded before the Court below.ratio

Detailed headnote1 paragraphs

Quashing of FIR on compromise — S.528 BNSS, 2023. FIR No.210 dated 14.05.2023, PS Kurukshetra University, Distt. Kurukshetra (Ss.406/420/120-B IPC; Ss.10 & 24 Immigration Act), quashed in toto on the basis of compromise dated 28.01.2025 recorded before the Additional Sessions Judge, Kurukshetra. Judicial Magistrate Ist Class, Kurukshetra verified the compromise as voluntary (no pressure or coercion, out of free will); complainants (respondents No.2 and 3, stated by State counsel to be the only aggrieved persons, with no other accused besides the petitioners) raised no objection to quashing. Reliance placed on Gian Singh v. State of Punjab, (2012) 10 SCC 303 and the Full Bench ruling in Kulwinder Singh v. State of Punjab, 2007(3) RCR (Criminal) 1052. Parties to remain bound by the terms of the compromise and their statements recorded before the Court below.

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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359

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CRM-M-16206-2025 Date of decision: July 08, 2025

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RAJESH K U MAR @ RAJESH SHARMA A ND ANOTHER

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...Petitioner s

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Versus

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STATE OF H ARYANA AND OTHERS

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...Respondent s

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CORAM: HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

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Present: Mr. Varun Sharma, Advocate for the petitioners.

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Mr. Karan Sharma, DAG, Hary a na.

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Mr. Chirag Suri, Advocate for respondents No.2 and 3.

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MANJARI NEHRU KAUL, J. (ORAL)

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Prayer in the instant petitio n filed under Section 528 o f Bharatiya N a garik Suraksha Sanhita, 2023 is for quashing of FIR No.21 0 dated 14.05. 2 023, under Sections 406/420/1 2 0-B of Indian Penal Code, 186 0 and Section 10 and 24 of Immigration A c t, registered at Police Statio n Kurukshetra University, District Kuruks h etra (Annexure P-1) and al l subsequent p roceedings arising therefrom, o n the basis of compromise date d 28.01.2025 r ecorded between the parties be f ore learned Additional Session s Judge, Kuru k shetra (Annexure P-2).

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Vide order dated 25.03.2025 o f this Court, the parties wer e directed to appear before the learned tr i al Court/Illaqa Magistrate o n 20.05.2025 to get their statements recor d ed regarding the compromis e arrived at, b e tween them. 3. Report has since been received f rom learned Judicial Magistrat e Ist Class, K u rukshetra, in pursuance of the d irections of this Court, wherei n the factum of the compromise arrived at be t ween the parties stands verifie d and confirmed. As per the report, compro m ise has indeed been effecte d

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Jaspreet Kaur 2025.07.09 12:15 I attest to the accuracy and integrity of this document Chandigarh

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CRM-M-16206-2025

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-2-

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between the p arties and the same is without a ny pressure or coercion and ou t of their free will, and the complainants h a ve also made statement to th e effect that t hey would have no objectio n if the FIR qua the accused - petitioners i s quashed. 4. The trial Court has annexed t h e statements of the parties i n original, alo n g with its report. 5. Learned State counsel has filed status report by way of affidavi t of the Depu t y Superintendent of Police (H Q ), Kurukshetra on behalf of th e respondent- S tate in the Court today, which i s taken on record subject to al l just excepti o ns. Learned State counsel too submits that there are no othe r accused oth e r than the petitioners and resp o ndents No.2 and 3 are the onl y aggrieved p e rsons in the FIR in question. 6. In view of the report of th e learned trial Court, and th e principles la i d down by the Hon’ble Apex C ourt in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303 , an d also by the Full Bench of thi s Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052 , the instant p e tition is allowed. The aforesai d FIR and all c onsequential proceedings arisin g out of it, are quashed. 7. Needless to say the parties sha l l remain bound by the terms o f compromise and their statements recorded b e fore the Court below.

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July 08, 2025 (MANJARI NEHRU KAUL) Jaspreet Kaur JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

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Jaspreet Kaur 2025.07.09 12:15 I attest to the accuracy and integrity of this document Chandigarh

Rajesh Kumar Alias Rajesh Sharma and Anr. v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Alias Rajesh Sharma and Anr. v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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