IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

293 *****

CRM-M No.54768 of 2025 Date of decision : 4.11.2025 Himanshu Yadav and others ………….Petitioners Versus State of Haryana and another …….Respondents CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Govind Rana, Advocate, for the petitioners Mr. Gurmeet Singh, AAG, Haryana Mr. Amit Kumar, Advocate, for respondent no.2 ---

SUMEET GOEL, J. (ORAL)

1. Present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.395 dated 18.9.2025 under Sections 3(1)(s) and 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 115, 117(2), 190, 191(2) and 351(2) of Bharatiya Nyaya Sanhita, 2023, registered at Police Station Khedki Daula, District Gurugram and all subsequent proceedings arising therefrom on the basis of compromise dated 22.9.2025 (Annexure P-2).

2 On 29.9.2025, the following order was passed:

‘The petitioners have approached this Court seeking quashing of FIR (Annexure P-1) and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Learned counsel for the petitioners has submitted that all concerned are parties to the present petition in terms of the dicta of the Division Bench judgment of this Court passed in ‘Rakesh Das Vs. State of Haryana and another’, Neutral Citation: 2024:PHHC;147654-

DB.

(cid:1)(cid:2)

Notice of motion.

At this stage, Mr. Gurmeet Singh, AAG, Haryana has put in appearance on behalf of respondent No.1-State of Haryana and accepts notice.

Mr. Amit Kumar,, Advocate has filed vakalatnama for respondent No.2. The same be taken on record.

The parties are directed to get their statements recorded qua the factum of compromise in the following manner:

The parties shall appear before the trial Court/Illaqa Magistrate concerned on 09.10.2025 or any date thereafter as fixed by trial Court/Illaqa Magistrate for recording statements of the petitioner as well as of the complainant qua the factum of compromise. As and when any such appearance is made, the trial Court/Illaqa Magistrate shall do the needful for recording the statements of the parties qua the factum of the compromise. It shall be open to the trial Court/Illaqa Magistrate to either record the statements of the parties by physical process or by video conferencing as deemed appropriate by the trial Court/Illaqa Magistrate.

(ii) In case the statement is to be recorded by way of video conferencing, the parties concerned shall be duly identified through video conferencing by their respective counsel, subject to the satisfaction of the Presiding Officer.

(iii) The trial Court/Illaqa Magistrate may also choose to get the statements of the parties recorded through some Commissioner, appointed by the Court who would be some Advocate having sufficient standing at the Bar. In case the statement is recorded through some Commissioner, such Commissioner/Advocate shall furnish an affidavit after recording statements to the effect that the parties had appeared before him/her and he/she had recorded their statements as per law and that the said parties had been duly identified by their respective counsel. This shall be subject to satisfaction of trial Court/Illaqa Magistrate.

After recording the statements of all the affected parties in either of the aforesaid manner, the trial Court/Illaqa Magistrate shall submit its report on the basis of the statements so recorded as to whether all the affected parties have entered into a compromise and as to whether the compromise in question is found to be a valid compromise and has been effected without there being any kind of influence or coercion.

The trial Court/Illaqa Magistrate shall also report as regards the following facts after seeking information from Investigating Officer, concerned:

(i) Whether there is any other accused other than the petitioner, arrayed in this petition?

(ii) Whether there is any other complainant or