IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 20.02.2025 Sanjeet Singh ... Petitioner Versus State of Haryana and another ...Respondents CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Mr. Saurabh Dalal, Advocate, for the petitioner.

Mr. Kiran Pal Singh, AAG, Haryana.

Mr. Harsh Raheja, Advocate for respondent No. 2-victim-

Mahima(de-facto-complainant-Shakuntala Devi has expired)

MAHABIR SINGH SINDHU, J.

Present petition has been filed under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’), 1973 for quashing of FIR No.717 dated 17.12.2018, under Sections 323, 506 of Indian Penal Code, 1860, registered at Police Station Civil Lines, Hisar and all consequential proceedings arising therefrom on the basis of compromise dated 21.04.2023 (P-1), entered into between the parties i.e. petitioner as well as respondent No.2.

2. Allegations are that petitioner threatened to kill de-facto- complainant and her granddaughter; abused and also assaulted them on

05.10.2018.

3. Contends that matter has been amicably settled between the parties, i.e. petitioner as well as respondent No.2; hence FIR in question as well as subsequent proceedings deserve to be quashed.

4. Learned counsel for respondent No.2 has also acknowledged the contention raised on behalf of the petitioner.

5. Still further, learned State Counsel, on instructions from the police officer present, is not averse in case the above FIR along with subsequent proceedings are quashed and set aside on the basis of the compromise entered into between the parties.

6. Heard learned counsel for the parties and perused the paper-

book.

7. A Co-ordinate Bench, while issuing notice of motion on

02.05.2023, passed the following order:-

“ Present petition has been filed under Section 482 of Cr.P.C. seeking quashing of FIR No. 717 dated 17.12.2018 registered under Sections 323 and 506 of the Indian Penal Code at Police Station Hisar Civil Lines, District Hisar and all subsequent proceedings arising therefrom on the basis of compromise (Annexure P-1).

Learned counsel for the petitioner submits that the dispute has been amicably settled between the private parties in terms of the compromise (Annexure P-1).

Notice of motion.

Mr. Bhupender Singh, DAG, Haryana, who is present in the Court accepts notice on behalf of respondent No.1-State and seeks time to file reply/status report.

Mr. Harsh Raheja, Advocate has put in appearance, filed power of attorney on behalf of respondent No.2-victim (as complainant has expired) which is taken on record, accepts notice on his behalf and admitted the factum of compromise.

In view of the above, parties are directed to appear before the Illaqa Magistrate/trial Court to get their statement(s) recorded with regard to compromise/settlement within a period of 30 days from today.

The learned Illaqa Magistrate/trial Court is directed to submit a report on or before the next date of hearing containing the following information:-

1. Number of persons arraigned as accused in FIR;

2. Whether any accused is proclaimed offender.

3. Whether the compromise is genuine, voluntary, and without any coercion or undue influence;

4. Whether the accused persons are involved in any other case or not;

5. The trial Court is also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR and apprise this court about the stage of proceedings?

The report of the Illqa Magistrate/trial Court be awaited for 13.07.2023.

Status report/reply on behalf of State be also filed on the adjourned date.”

8. In terms of aforesaid order, statements of both the parties were recorded and a report dated 19.05.2023 has been received from learned Judicial Magistrate First Class, Hisar. For reference, the operative part of report reads as under:-

“ (i)It is submitted that as per the statement of IO there is only one accused person namely Sanjeet Singh s/o Sh. Bhim Singh r/o H.No. 1131, Sector 3, Rohtak involved in the present case.