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[Cites 6, Cited by 0]

Punjab-Haryana High Court

Hari Singh vs State Of Haryana And Anr on 28 April, 2025

                                  Neutral Citation No:=2025:PHHC:054517




CRM-M-18757-2025




      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH

346                            CRM-M-18757-2025
                               Date of Decision: 28.04.2025

HARI SINGH
                                                       ...PETITIONER

                               Versus


STATE OF HARYANA AND ANR
                                                   ... RESPONDENTS


CORAM : HON'BLE MR. JUSTICE N. S. SHEKHAWAT

Present:    Mr. Devener Arya, Advocate
            for the petitioner.

            Mr. Gagandeep Singh Chhina, AAG, Haryana.

            Ms. Anjali, Advocate
            for respondent No.2.

                  *****

N. S. SHEKHAWAT, J. (Oral)

1. The instant petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, for quashing of an FIR No.102 dated 06.02.2019 under Sections 279, 337 IPC (Section 338 of IPC added later on) & Sections 192 & 196 of MV Act (Annexure P-1) (Challan presented under Sections 279, 337, 338 of IPC and 192, 196 of MV Act), registered at Police Station City Narnaul, District Mahendergarh alongwith all the consequential proceedings arising 1 of 3 ::: Downloaded on - 30-04-2025 05:27:23 ::: Neutral Citation No:=2025:PHHC:054517 CRM-M-18757-2025 therefrom on the basis of compromise/affidavit dated 02.04.2024 (Annexures P-2 & P-3).

2. Vide order dated 05.04.2025, while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 02.04.2024 (Annexures P-2 & P-3).

3. Pursuant to aforesaid order, the parties have appeared before the learned Chief Judicial Magistrate 1st Class, Narnaul and got their statements recorded. Report dated 23.04.2025 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence.

4. I have heard counsel for the parties and gone through the case file.

5. In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioners.

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6. Resultantly, FIR No.102 dated 06.02.2019 under Sections 279, 337 IPC (Section 338 of IPC added later on) & Sections 192 & 196 of MV Act (Annexure P-1) (Challan presented under Sections 279, 337, 338 of IPC and 192, 196 of MV Act) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner.




28.04.2025                                 (N. S. SHEKHAWAT)
vipin                                              JUDGE

             Whether reasoned/speaking :             Yes/No
             Whether reportable         :            Yes/No




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