Ajay Kumar and Anr. Vs State of Haryana and… — Cheating and Forgery | Punjab & Haryana HC (2025)

Ajay Kumar and Anr. Vs State of Haryana and… — Cheating and Forgery | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Quashing of FIR No.0754 dated 23.09.2019 (Section 63 Copyright Act, 1957 / Section 420 IPC, Police Station Bhiwani City, District Bhiwani) and all consequential proceedings arising therefrom, qua the petitioners, on the basis of the genuine compromise between the parties.

Issue for consideration

Whether FIR No.0754 dated 23.09.2019 registered under Section 63 of the Copyright Act, 1957 and Section 420 IPC at Police Station Bhiwani City, District Bhiwani, along with all subsequent proceedings arising therefrom, should be quashed on the basis of the compromise dated 08.01.2025 between the petitioners and respondent No.2.

Court's answer

In compliance with this Court's direction, the concerned jurisdictional Court reported that the compromise between the parties is genuine and was arrived at without any pressure or coercion from anyone.

Ratio / Principle

In view of the compromise and the ratio of law laid down in Narinder Singh v. State of Punjab (2014) 6 SCC 46, Shakuntala Sawhney v. Kaushalya (1980) 1 SCC 63 and the Full Bench ruling in Kulwinder Singh v. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed.

Key takeaways

FIR No.0754 dated 23.09.2019 registered at Police Station Bhiwani City, District Bhiwani (Annexure P-1) and all consequential proceedings arising out of the same are quashed, qua the petitioners.ratio¶30

Detailed headnote1 paragraphs

High Court of Punjab and Haryana at Chandigarh, CRM-M-3782-2025, decided orally by Harpreet Singh Brar, J. on 06.05.2025: Petition under Section 528 BNSS, 2023 seeking quashing of FIR No.0754 dated 23.09.2019 (registered under Section 63 of the Copyright Act, 1957 and Section 420 IPC at Police Station Bhiwani City, District Bhiwani) and all subsequent proceedings, on the basis of compromise dated 08.01.2025. By interim order dated 23.01.2025 the parties were directed to record their compromise statements before the trial court, whose report confirmed the compromise genuine and free of coercion or undue influence. Relying on Narinder Singh v. State of Punjab (2014) 6 SCC 46, Shakuntala Sawhney v. Kaushalya (1980) 1 SCC 63 and the Full Bench decision in Kulwinder Singh v. State of Punjab 2007 (3) RCR (Crl.) 1052, the Court allowed the petition and quashed the FIR and all consequential proceedings qua the petitioners.

294 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-3782-2025 Date of decision: 06.05.2025

AJAY KUMAR AND ANOTHER

...PETITIONERS

V/S

STATE OF HARYANA AND ANOTHER

...RESPONDENTS

CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Sumit Sangwan, Advocate for t he petitioners.

Mr. Harkesh Kumar, AAG, Harya n a.

Mr. Vikrant Rana, Advocate for re s pondent No.2. ********

HARPREET SINGH BRAR, J. (ORAL)

Th i s petition has been filed un d er Section 528 BNSS, 2023 seeking quashi n g of FIR No.0754 dated 23.09 . 2019 registered under Section 63 of Copyrigh t Act, 1957 and Section 420 of I P C, registered at Police Station Bhiwani City, D istrict Bhiwani (Annexure P - 1) along with all subsequent proceedings ari s ing therefrom on the basis of compromise dated 08.01.2025 (Annexure P-2) .

Th e following order was passed on 23.01.2025 :-

“Prayer is for quashing of FIR No.0754 dated 23.09.2019 registered under Sections 63 o f Copyright Act and Section 420 of IPC, registered at Police Stati o n Bhiwani City, District Bhiwani, on the basis of compromise. Notice of motion.

At this stage, Mr. Vikra n t Rana, Advocate, accepts notice on behalf of the complainant/ r espondent No.2. He admitted the correctness of compromise and stated that he has no objection if this petition is allowed.

MANISHA 2025.05.08 18:23 I attest to the accuracy and authenticiy of this order/judgment

CRM-M-3782-2025

2

On the asking of this C o urt, Mr. Arjun Lakhanpal, Addl. A.G. Haryana accepts notice o n behalf of the State. He does not wish to file any reply as the pa r ties are stated to have effected the compromise.

So, the parties are dire c ted to appear before the learned trial court/Illaga Magistrate o n 10.03.2025 or any other date convenient to the trial Court/Il l aqa Magistrate and to get record their statements regarding com p romise and after recording their statements, learned trial Cour t/ Illaqa Magistrate, is directed to send the same along with his r ep ort regarding the genuineness of compromise on or before the date fixed in the instant petition specifically with regard to the f o llowing facts: -

1. Number of persons ar r ayed as accused in the FIR.

2. Whether any accused i s proclaimed offender.

3. Stage of the trial/proc e edings.

4. Whether the compr o mise is genuine, voluntary and without any coercion or u ndue influence. To come up on 06.05.20 2 5 for awaiting the report. A copy of this orde r be sent to the learned trial Court/Illaga Magistrate, t h rough electronic mode, for compliance.”

In c ompliance of the aforesaid or d er, a report has been received from the conc e rned jurisdictional Court that the compromise between the parties is genuine and arrived at without a n y pressure or coercion from anyone.

In v iew of the compromise and th e ratio of law laid down by the Hon’ble Supre m e Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 46 , 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 F IR No.0754 dated 23.09.2019 registered under Section 63 of Copyright Act, 1957 and Section 420 of IP C , registered at Police Station

MANISHA 2025.05.08 18:23 I attest to the accuracy and authenticiy of this order/judgment

CRM-M-3782-2025

3

Bhiwani City, District Bhiwani (Annexure P-1) and all consequential proceedings ari s ing out of the same are quashed, qua the petitioners.

(HARPREET SINGH BRAR) May 06, 2025 JUDGE manisha (i) Whether speaking/reasoned Yes/No (ii) Whether reportable Yes/No

MANISHA 2025.05.08 18:23 I attest to the accuracy and authenticiy of this order/judgment