211 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-30588-2025 (O&M) Date of decision: 28.08.2025.

RAMESH KUMAR @ DEEPAK KUMAR AND OTHERS ...Petitioner(s)

VERSUS STATE OF HARYANA AND OTHERS ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Namit Khurana, Advocate, for the petitioners.

Ms. Chhavi Sharma, AAG, Haryana.

Mr. G.S. Sidhu, Advocate, for respondents No.2 and 3.

VINOD S. BHARDWAJ, J. (Oral)

By means of the instant petition, the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to ‘BNSS 2023’) has been invoked for seeking quashing of FIR bearing No.03 dated 02.01.2016 under Section(s) 323, 324, 326, 427 and 506 of the Indian Penal Code, 1860 (hereafter to be referred as 'IPC’) registered at Police Station Chhapar, District Yamuna Nagar;

judgment of conviction dated 27.04.2022 (Annexure P-4) passed by the Judicial Magistrate First Class, Yamuna Nagar and all other consequential proceedings arising therefrom, on the basis of compromise dated 18.12.2023 entered between the parties.

2 The parties were directed to appear before the learned trial Court/Illaqa Magistrate vide order dated 29.05.2025 of this Court and to get their statements recorded regarding the compromise arrived at between the parties and a report in this regard was called for.

3 Pursuant to the said order, report has been received from the Judicial Magistrate First Class, Yamuna Nagar, vide Memo No.294 dated

07.07.2025. The relevant extract of the report is reproduced as under: -

“3. On oral inquiry, both the parties have stated that the matter has been settled amicably without any pressure, undue influence or coercion in any manner, I also specifically inquired from the complainant about the validity of compromise. They stated that the compromise arrived at in the said matter is with our own free will, without any pressure or coercion. Compromise dated 18.12.2023 Ex. CX has also been placed on record, 4. It is humbly submitted before the Hon'ble High Court of Punjab & Haryana that the affected parties have entered into a compromise. The compromise is genuine, voluntary and without any coercion or undue influence, Thus, the compromise is found to be a valid compromise.

5. It is further submitted that as per statement of HC Sachin no. 165, Yamuna Nagar, which is attached herewith, there are total five accused persons are mentioned in FIR infra:

(i) Vijay Saini son of Balwant Singh (ii) Lalit Kumar @ Neeraj son of Mohinder Paal (iii) Ramesh Kumar @ Deepak Kumar son of Mahender Pal (iv) Amrinder Singh @ Goldy son of Rupinder Singh (v) Vishal Bakshi son of Vimal Bakshi.

The challan, however, was only presented against the accused persons mentioned infra:

(i) Vijay Saini son of Balwant Singh (ii) Lalit Kumar @ Neeraj son of Mohinder Paal (iii) Ramesh Kumar @ Deepak Kumar son of Mahender Pal (iv) Amrinder Singh @ Goldy son of Rupinder Singh.

The present petition has been filed by the all accused persons who are named in final report submitted under Section 173, Cr. P.C. namely i.e. (i) Vijay Saini son of Balwant Singh (ii) Lalit Kumar @ Neeraj son of Mohinder Paal (iii) Ramesh Kumar @ Deepak Kumar son of Mahender Pal (iv) Amrinder Singh @ Goldy son of Rupinder Singh.

6. In the present case, none of the accused has been declared proclaimed offender. It is further stated that the accused are not involved in any other FIR.

7. As per the statement of I.O, the complaint was moved by Mittarbir Singh. There are two victims in the present FIR i.e. Mittarbir Singh and Narender Singh. Further, all the victims/injured/complainant i.e. Mittarbir Singh and Narender Singh are impleaded as respondents in the present petition.”

4 Learned State counsel does not dispute the factum of the compromise amongst the parties and does not have any serious objection to the resolution of the dispute amongst the parties.

5 Learned counsel appearing on behalf of respondents No.2 and 3 reiterates the settlement