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2024 Supreme(Online)(P&H) 10872

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PARVEEN ALIAS BINDA AND OTHERS – Appellant
Versus
STATE OF HARYANA AND ANOTHER – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 09.07.2025 PARVEEN ALIAS BINDA AND OTHERS ...PETITIONERS Versus STATE OF HARYANA AND ANOTHER ... RESPONDENTS CORAM : HON'BLE MR. JUSTICE N. S. SHEKHAWAT Present: Mr. G.S. Sandhu, Advocate for the petitioner.

Mr. Birender Bikram, Addl. A.G., Haryana.

Mr. Sumit, Advocate for respondent No.2.

****

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.130 dated 27.08.2023 under Sections 148, 149, 323, 342, 365, 367, 379, 506 IPC 1860 and under Section 3(1)(a), 3(1)(e), 3(1)(r), 3(1)(s), 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015) as well as Section 325 IPC, Section 3(2)(va) of SC & ST Act (added later on) registered at Police Station Titram, District Kaithal (Annexure P-1) alongwith all the consequential proceedings arising therefrom on the basis of compromise/affidavit dated 12.12.2023 (Annexure P-2).

2. Vide order dated 10.12.2024, a coordinate Bench of 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 12.12.2023 (Annexure P-2).

3. Pursuant to aforesaid order, the parties have appeared before the learned Additional Sessions Judge, Kaithal, and got their statements recorded. Report dated 04.07.2025 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.130 dated 27.08.2023 under Sections 148, 149, 323, 342, 365, 367, 379, 506 IPC 1860 and under Section 3(1)(a), 3(1)(e), 3(1)(r), 3(1)(s), 3(2)(v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015) as well as Section 325 IPC, Section 3(2)(va) of SC & ST Act (added later on) registered at Police Station Titram, District Kaithal (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the

09.07.2025 (N. S. SHEKHAWAT)

vipin JUDGE

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