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

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

What the court decided

AI extract

Outcome

Quashing of FIR No.90 dated 08.03.2022 under Sections 380/454 IPC (Section 34 IPC added later on) registered at Police Station Ballabhgarh Sadar District, Faridabad, along with all subsequent proceedings arising therefrom, qua the petitioners.

Issue for consideration

Whether FIR No.90 dated 08.03.2022 under Sections 380/454 IPC registered at Police Station Ballabhgarh Sadar, District Faridabad, and all subsequent proceedings arising therefrom, should be quashed qua the petitioners on the basis of the compromise dated 22.01.2025.

Court's answer

In view of the compromise between the parties and the ratio of law laid down in Narinder Singh v. State of Punjab ((2014) 6 SCC 466), Shakuntala Sawhney v. Kaushalya ((1980) 1 SCC 63) and the Full Bench decision of this Court in Kulwinder Singh v. State of Punjab (2007 (3) RCR (Crl.) 1052), the petition under Section 528 BNSS 2023 is allowed and FIR No.90 dated 08.03.2022 under Sections 380/454 IPC (Section 34 IPC added later on) registered at Police Station Ballabhgarh Sadar District, Faridabad, along with all subsequent proceedings arising therefrom, is quashed qua the petitioners.

Detailed headnote1 paragraphs

Punjab and Haryana High Court, Chandigarh (Justice Harpreet Singh Brar, oral judgment, decided 11.03.2025) allowed CRM-M-7571-2025 (O&M), filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Kunal and another, and quashed FIR No.90 dated 08.03.2022 under Sections 380/454 of IPC (Section 34 of IPC added later on) registered at Police Station Ballabhgarh Sadar District, Faridabad, along with all subsequent proceedings arising therefrom, qua the petitioners, on the basis of the compromise dated 22.01.2025. An interim order dated 10.02.2025 had directed recording of parties' statements before the trial Court/Illaqa Magistrate, whose report confirmed the compromise was genuine and free of pressure or coercion. Reliance was placed on Narinder Singh v. State of Punjab ((2014) 6 SCC 466), Shakuntala Sawhney v. Kaushalya ((1980) 1 SCC 63) and the Full Bench decision Kulwinder Singh v. State of Punjab (2007 (3) RCR (Crl.) 1052).

281 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH

CRM-M-7571-2025 (O&M) Date of Decision: 11.03.2025

KUNAL AND ANOTHER

…Petitioners

V/S

STATE OF HARYANA AND ANOTHER …Respondents

CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR

Present: Ms. Krishna Maurya, Advocate for

Mr. Balvinder Sangwan, Advocate for the petitioners.

Mr. Harkesh Kumar, AAG Haryana Ms. Bhumika Sachar, Advocate for Mr. Shivam Grover, Advocate for respondent No. 2.

HARPREET SINGH BRAR J. (Oral)

This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.90 dated 08.03.2022 under Sections 380/454 of IPC (Section 34 of IPC added later on) registered at Police Station Ballabhgarh Sadar District, Faridabad (Annexure P1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 22.01.2025 (Annexure P-4).

The following order was passed on 10.02.2025:

“This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.90 dated 08.03.2022 under Sections 380/454 of IPC (Section 34 of IPC added later on) registered at Police Station Ballabhgarh Sadar District, Faridabad (Annexure P1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 22.01.2025 (Annexure P-4).

Notice of motion for 11.03.2025.

At this stage, on the asking of the Court, Ms. Geeta Sharma, DAG, Haryana accepts notice on behalf of respondent No.1-State and Mr. Shivam Grover, Advocate accepts notice for respondent No.2 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.

AJAY GOSWAMI 2025.03.18 09:57 I attest to the accuracy and integrity of this document

CRM-M-7571-2025 (O&M)

-2-

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.90 dated 08.03.2022 under Sections 380/454 of IPC (Section 34 of IPC added later on) registered at Police Station Ballabhgarh Sadar District, Faridabad (Annexure P-1) along with all subsequent proceedings arising therefrom are quashed, qua the petitioners.

(HARPREET SINGH BRAR)

11.03.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No

AJAY GOSWAMI 2025.03.18 09:57 I attest to the accuracy and integrity of this document