IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision : 06.02.2025 VIRENDRA KUMAR ..... Petitioner VERSUS STATE OF HARYANA AND ANOTHER ..... Respondents CORAM: HON’BLE MS. JUSTICE KIRTI SINGH Present: Mr. Sauhard Singh, Advocate, for the petitioner.

Mr. Brijesh Sharma, AAG, Haryana.

Mr. Viren Nehra, Advocate and Mr. Vipin Choudhary, Advocate for respondent No.2.

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KIRTI SINGH, J. (Oral)

1. The present petition has been filed under Section 528 of BNSS, 2023 for quashing of FIR No.125 dated 05.03.2024, under Sections 376(2) (n) and 506 IPC registered at Police Station Sector-8, Faridabad and all other consequential proceedings arising therefrom on the basis of the compromise. 2. Learned counsel for the petitioner relies upon a judgment of the Hon’ble Supreme Court in Kapil Gupta Vs. State of N.C.T. of Delhi and another, 2022 (4) RCR (Crl.) 497, to contend that FIR under Section 376 of IPC (now Section 64 of Bharatiya Nyaya Sanhita, 2023) can be quashed on the basis of compromise. Learned counsel has further relied upon a judgment of this Court in Karan Sharma Vs. State of Haryana and another, 2021(1) Law Herald 149 and contends that once the parties have compromised the matter and decided to live in peace, no useful purpose will be served in allowing the criminal proceedings to continue.

3. Heard learned counsel for the parties and also gone through the case file.

4. This Court while directing the parties to appear before the Area Magistrate/trial Court for recording their statements with regard to the compromise, passed the following order on 17.01.2025:- “Prayer in this petition filed under Section 528 of BNSS is for quashing of FIR No.125 dated 05.03.2024, under Sections 376(2)(n) and 506 of IPC, registered at Police Station Sector-8, Faridabad, along with all the subsequent proceedings arising therefrom, on the basis of compromise.

2. Learned counsel for the petitioner submits that the petitioner and the complainant/respondent No.2 were in a consensual relationship for two years prior to the registration of the FIR. However, the relationship subsequently turned sour, leading to the registration of the present complaint. He further submits that the matter has now been amicably resolved between the parties, and a compromise deeds (Annexures P-2 and P-3) have been placed on record. Reliance has been placed upon the decision passed by Hon’ble Supreme Court in Gian Singh Vs. State of Punjab and another, 2012(4) RCR (Criminal) 543 and Madan Mohan Abbot Vs. State of Punjab 2008(2) RCR (Criminal) 429 and decision passed by Coordinate Bench of this Court in case titled as “Sukhchian Singh and others vs. State of Punjab & Ors.”, 2021(4) RCR (Cr.) 81

3. Notice of motion.

4. Upon advance notice, Ms. Mahima Yaspal, DAG, Haryana accepts notice on behalf of respondent No.1/State and Mr. Viren Nehra, Advocate and Mr. Vipin Choudhary has put in appearance on behalf of respondent No.2 and files his Vakalatnama in Court, which is taken on record. He has admitted the factum of compromise and supports the prayer made in the petition.

5. In view of the above, the parties and the Investigating Officer are directed to appear before the Area Magistrate/Trial Court on 22.01.2025 or on any day thereafter as fixed by the Trial Court, for getting their statements recorded with regard to the compromise. The Area Magistrate/Trial Court shall submit a report on or before the next date of hearing specifying the following:-

1. The number of accused arraigned in the FIR and how many have appeared before it and have made statements and whether any accused is absconding/P.O. in the case;

2. The name of the complainant and injured/aggrieved and whether all of them have appeared and made their statements in support of the compromise;

3. The stage of trial/proceedings;

4. If the compromise is genuine, voluntary and out of free will of the parties.

5. Whether any other criminal case is pending against the accused.

6. Report of the Area Magistrate/Trial Court be a