Punjab-Haryana High Court
Gaurav Sangwan vs State Of Haryana And Anr on 3 February, 2025
Neutral Citation No:=2025:PHHC:015559
CRM-M-57869-2024 (O&M) 1
282 IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-57869-2024 (O&M)
Date of Decision: 03.02.2025
GAURAV SANGWAN ...Petitioner
Versus
STATE OF HARYANA AND ANOTHER ...Respondents
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present: Mr. Ashish Gupta and Mr. Shivam Sharma, Advocates
for the petitioner.
Mr. Harkesh Kumar, AAG Haryana
Mr. Virat Rana, Advocate for
Mr. Sukhdev Singh, Advocate for respondent No. 2.
***
Harpreet Singh Brar, J. (Oral)
1. This petition has been filed under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 seeking quashing of FIR No. 0213 dated 24.05.2020 under Sections 289 of Indian Penal Code (Section 324 of IPC added later on) registered at Police Station Sector 32-33 Karnal along with all consequential proceedings arising thereform, on the basis of compromise dated 29.10.2024 (Annexure P2) arrived at between the parties.
2. The following order was passed on 21.11.2024:
"The petitioner arraigned as accused in the FIR captioned below, has come up before this Court under Section 528 BNSS to quash the FIR and all consequential proceedings based on the compromise amicably arrived at with the victim(s).
Notices served upon the official respondent through the State's counsel. In case the State wants to file its response, they must do so positively before the next date. Counsel appear- ing for the private respondents states on instructions that there is no objection if the FIR and all consequent proceedings men- tioned in this petition are quashed.
1 of 3 ::: Downloaded on - 05-02-2025 05:40:24 ::: Neutral Citation No:=2025:PHHC:015559 CRM-M-57869-2024 (O&M) 2 Given above, the petitioners and the private re- spondents, and all other victim(s), if not arraigned as respond- ents, to appear before the concerned Trial Court/Illaqa Magis- trate/Duty Magistrate on or before 02.12.2024, for getting their statements recorded with regard to the compromise arrived at between them. Before recording their statements, the Ld. Judge should ensure the following aspects and send the report, in the following format, preferably before the next date fixed in this court:
Name of the reporting Court FIR No. Dated Police Station Sections 0213 24.05.2020 Sector 32-33, Karnal 289 IPC (Later on added 324 IPC)
1. Names of the complainant/victims(s)/ aggrieved persons (s)
2. Dates on which the statement(s) of the com-
plainant/ victims(s)/ aggrieved persons(s) were recorded
3. Has the identity of the complainant/ Yes/No victims(s)/ aggrieved persons(s) been verified?
4. Whether all the victims/ all the aggrieved Yes/No persons have compromised the matter?
5. Is there pressure, threat, or coercion upon the Yes/No victim(s)/aggrieved person(s)/complainant?
6. Names of the accused person(s)
7. Dates on which the statement(s) of the accused persons(s) recorded
8. Whether all the accused have compromised Yes/No the matter? If no, then the names of the accused who have compromised.
9. Whether proclamation proceedings are Yes/No pending against any accused?
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11. Notice of accusation /Charges have been Yes/No framed or not?
12. Sections of statutes invoked in the matter
13. Sections of statutes invoked in the matter Yes/No There would be no need for a certified copy of this order, and any Advocate for the Petitioners/State can download this order and other particulars as may be required, from the official web page of this Court, and attest it to be a true copy. The concerned court can also verify its authenticity and may download and use the downloaded copy for immediate use, if required.
List on 16.12.2024."
3. 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.
4. 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. Kaush- alya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kul- winder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed and FIR No. 0213 dated 24.05.2020 under Sections 289 of Indian Penal Code (Section 324 of IPC added later on) registered at Police Station Sector 32- 33 Karnal along with all subsequent proceedings arising therefrom are quashed, qua the petitioner.
(HARPREET SINGH BRAR)
JUDGE
03.02.2025
Ajay Goswami
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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