Parveen and Others Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

Parveen and Others Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of FIR No.7 dated 15.01.2018 under Sections 147/148/149/323/379-B of IPC (final report presented under Sections 323/325/34 of IPC and other Sections stands deleted) registered at Police Station Rampura, District Rewari, and all subsequent proceedings arising therefrom, qua the petitioners.

Issue for consideration

Whether FIR No.7 dated 15.01.2018 registered at Police Station Rampura, District Rewari, and all subsequent proceedings arising therefrom should be quashed in view of the compromise dated 16.12.2024 between the parties.

Court's answer

The concerned jurisdictional Court has 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 by the Hon'ble Supreme Court in Narinder Singh (2014) 6 SCC 466 and Shakuntala Sawhney (1980) 1 SCC 63, and the Full Bench of this Court in Kulwinder Singh 2007 (3) RCR (Crl.) 1052, the petition is allowed and FIR No.7 dated 15.01.2018 and all other subsequent proceedings arising out of the same are quashed qua the petitioners.

Detailed headnote1 paragraphs

Quashing of FIR on compromise - Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sought quashing of FIR No.7 dated 15.01.2018 under Sections 147/148/149/323/379-B of IPC (final report presented under Sections 323/325/34 of IPC; other Sections stand deleted) registered at Police Station Rampura, District Rewari, in view of the compromise dated 16.12.2024. On the jurisdictional Court's report that the compromise was genuine and voluntary, and relying on Narinder Singh v. State of Punjab (2014) 6 SCC 466, 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, the High Court allowed the petition and quashed the FIR and all subsequent proceedings arising therefrom qua the petitioners.

CRM-M-4942-2025 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

223

CRM-M-4942-2025 (O&M) Date of decision: 01.03.2025

Parveen and others

....Petitioners

Versus

State of Haryana and others

....Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Mr. Neeraj Yadav, Advocate for the petitioners.

Mr. Ramesh Kumar Ambavta, AAG, Haryana.

Mr. Gourav Jain, Advocate for respondents No.2 to 7.

HARPREET SINGH BRAR J. (Oral)

This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No.7 dated 15.01.2018 under Sections 147/148/149/323/379-B of IPC (final report presented under Sections 323/325/34 of IPC and other Sections stands deleted) registered at Police Station Rampura, District Rewari, and all other subsequent proceedings arising therefrom in view of the compromise dated 16.12.2024.

The following order was passed on 29.01.2025:-

“XX XX XX XX

Notice of motion for 01.03.2025.

At this stage, on the asking of the Court, Ms. Geeta Sharma, DAG, Haryana accepts notice on behalf of

MOHD YAKUB 2025.03.01 14:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CRM-M-4942-2025

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respondent No.1-State and Mr. Gourav Jain, Advocate accepts notice for respondents No.2 to 7 and files his vakalatnama and admits to the factum of compromise. Copy of the paper book be supplied to them during the course of day.

Service is complete.

In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get their statements recorded regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed.

A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.”

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.7 dated 15.01.2018 under Sections 147/148/149/323/379-B of IPC (final report

MOHD YAKUB 2025.03.01 14:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CRM-M-4942-2025 3

presented under Sections 323/325/34 of IPC and other Sections stands deleted) registered at Police Station Rampura, District Rewari and all other subsequent proceedings arising out of the same are quashed, qua the petitioners.

(HARPREET SINGH BRAR) JUDGE 01.03.2025 yakub Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

MOHD YAKUB 2025.03.01 14:09 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh