Sachin Vs State of Haryana and Anr. — Punjab & Haryana HC (2025) — LawSathi Research

Sachin Vs State of Haryana and Anr. — Punjab & Haryana HC (2025) — LawSathi Research

276 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH

CRM-M-2862-2024 (O&M) Date of Decision: 18.03.2025

SACHIN

…Petitioner

V/S

STATE OF HARYANA AND ANOTHER …Respondents CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Mr. Sudhir Rana, Advocate

for the petitioner.

Mr. Harkesh Kumar, AAG Haryana.

Mr. Vishal Thakur, Advocate for respondent No. 2.

HARPREET SINGH BRAR J. (Oral)

This petition has been filed under Section 482 of Cr.P.C. seeking quashing of FIR No. 582 dated 20.12.2023 under Sections 380 and 454 of Indian Penal Code, registered at Police Station Taraori, District Karnal along with all subsequent proceedings arising therefrom on the basis of compromise dated 01.01.2024 (Annexure P-2).

The following order was passed on 19.01.2024:

“The petitioner has approached this Court seeking quashing of FIR (Annexure P-1) and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties.

Notice of motion for 14.3.2024.

At this stage, Mr. Vishal Thakur, Advocate has put in appearance on behalf of respondent No.2 and has filed power of attorney, which is taken on record.

The parties are directed to move an application before the trial Court/Illaqa Magistrate concerned for getting their statements recorded qua the factum of compromise. As and when any such application is moved and put up before the trial Court/Illaqa Magistrate, the trial Court/Illaqa Magistrate shall consider the said application and do the needful for recording the statements of the parties qua the factum of the compromise, on any

AJAY GOSWAMI 2025.03.20 18:59 I attest to the accuracy and integrity of this document

CRM-M-2862-2024 (O&M)

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convenient date. After recording the statements of all the affected parties, and upon getting requisite information from Investigating Officer, the trial Court/Illaqa Magistrate shall submit its report on the basis of the statements so recorded, broadly on the following aspects:

(i) Whether there is any other accused other than the petitioner, arrayed in this petition.

(ii) Whether there is any other complainant or affected/aggrieved party other than the respondents, arrayed in the petition.

(iii) Whether any accused has been declared Proclaimed Offender? (iv) Whether the compromise in question is found to be a valid compromise and has been effected without there being any kind of influence or coercion?

The report be submitted before this Court on or before the next date.”

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.

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. 582 dated 20.12.2023 under Sections 380 and 454 of Indian Penal Code, registered at Police Station Taraori, District Karnal along with all subsequent proceedings arising therefrom are quashed, qua the petitioner.

(HARPREET SINGH BRAR) 18.03.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No

AJAY GOSWAMI 2025.03.20 18:59 I attest to the accuracy and integrity of this document