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2025 Supreme(Online)(P&H) 13835

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PAWAN ALIAS PAWAN KUMAR – Appellant
Versus
STATE OF HARYANA AND ANOTHER – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 25.08.2025 Pawan @ Pawan Kumar ....Petitioner V/s State of Haryana & another ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr.Aman Yadav, Advocate, for the petitioner.

Mr.Vishal Singh, AAG, Haryana.

Mr.Rahul Sangwan, Advocate, for respondent No.2.

*****

SUMEET GOEL, J. (ORAL):

1. Present petition has been filed under under Section 482 Cr.P.C./ Section 528 of BNSS, 2023 for quashing of FIR No.007 dated 12.01.2024 under Section 354-D of IPC and (Sections 66-E & 67-A of IT Act, 2000 were added during investigation and Section 354-D was deleted during framing of charges), registered at Police Station Women Police Station, Rewari, District Rewari and all consequential proceedings arising therefrom on the basis of compromise dated 01.03.2025 (Annexure P-2), which is stated to have been effected between the parties.

2. On 01.07.2025, the following order was passed:

“This is a petition filed under Section 528 of B.N.S.S for quashing of FIR No.007, dated 12.01.2024, registered under Sections 354-D of Indian Penal Code, 1860 (subsequentely during investigation Sections 66-E & 67-A of IT Act, 2000 were added and Section 354-D is deleted during framing of charges), Police Station Women Police Station, Rewari, District Rewari and all subsequent proceedings arising therefrom on the basis of compromise dated

01.03.2025 (Annexure P-2).

Notice of motion for 25.08.2025.

On asking of the Court, Mr. Rajinder Kumar Banku, Deputy Advocate General, Haryana, who is present in the Court, accepts notice on behalf of respondent No.1 and Mr. Kartik, Advocate accepts notice on behalf of respondent No.2, by filing his Vakalatnama, which is taken on record.

The parties are directed to appear before the Illaqa Magistrate/trial Court for recording their statements qua compromise within a period of two weeks.

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

1. Total number and names of persons arrayed as accused. 2. Whether the present petition has been filed by all the accused?

3. Whether any accused is proclaimed offender?

4. Whether the compromise is genuine, voluntary and without any coercion or undue influence?

5. Whether the accused persons are involved in any other FIR or not? (mention complete details of FIR, if involved)

6. 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.

7. Whether all the victims/injured/complainants have been impleaded as respondents in the present petition?”

3. Pursuant to the aforesaid order, report from Judicial Magistrate, 1st Class, Rewari has been received, which is taken on record.

As per the report, the Trial Court has recorded as follows:-

“1. Vide order dated 01.07.2025 passed by Hon'ble Justice Sh. N.S. Shekhawat, Judge, Punjab & Haryana High Court in CRM-M No. 31526-2025, the undersigned was directed to record the statements of the parties with regard to compromise and to submit a report alongwith statements of parties on or before the next date of hearing.

2. Application for put up file and to record the statements of parties with regard to compromise were moved before the court on 03.07.2025 and thereafter. notices to accused as well as complainant through IO and IO were issued for 08.07.2025. In pursuance of notice, complainant, accused and IO appeared before the court on 08.07.2025 for getting their statements recorded and thereafter, their statement have been recorded. All the parties appeared before the court for getting their statements recorded on 08.07.2025 were questioned generally so as to determine their voluntariness and free will for getting the statements recorded. Thereafter, on being satisfied that the parties are willing to get their statements recorded voluntarily and with their free will and consent and without any coercion or pressure of any kind,

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