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2024 Supreme(Online)(P&H) 8582

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANTOKH SINGH – Appellant
Versus
STATE OF HARYANA AND OTHERS – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 06.02.2025 SANTOKH SINGH ...PETITIONER Versus STATE OF HARYANA AND OTHERS ... RESPONDENTS CORAM : HON'BLE MR. JUSTICE N. S. SHEKHAWAT Present: Mr. Sandeep Berwal, Advocate &

Ms. Priyanka Chaudhary, Advocate for the petitioner.

Mr. D.S. Maan, DAG, Haryana.

Ms. Garima Modi, Advocate for respondents No.2 & 3.

N. S. SHEKHAWAT , J. (Oral)

1. The instant petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of an FIR No.08 dated 06.01.2024 under Sections 294 & 509 of IPC and Sections 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Sirsa Sadar, District Sirsa (Annexure P-1) alongwith all the consequential proceedings arising therefrom on the basis of compromise/affidavit dated 26.11.2024 (Annexure P-2).

2. Vide order dated 07.01.2025 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 26.11.2024 (Annexure P-2).

3. Pursuant to aforesaid order, the parties have appeared before the learned Additional District & Sessions Judge(1), Sirsa and got their statements recorded. Report dated 24.01.2025 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

6. Resultantly, FIR No.08 dated 06.01.2024 under

Sections 294 & 509 of IPC and Sections 3(1)(s) of Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Sirsa Sadar, District Sirsa (Annexure P- 1) alongwith all consequential proceedings arising therefrom are

06.02.2025. (N. S. SHEKHAWAT)

vipin JUDGE

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