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2025 Supreme(Online)(P&H) 25059

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



253 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-62252-2025 (O&M) Date of decision: 16.01.2026.

HARISH KUMAR ...Petitioner(s)

VERSUS THE STATE OF HARYANA AND ANOTHER ...Respondent(s)

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

Mr. Onkar Singh Wahla, Sr. DAG, Haryana.

Ms. Titiksha, Advocate, for respondent No.2.

VINOD S. BHARDWAJ, J. (Oral)

Prayer in the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for quashing of FIR bearing No.321 dated 29.09.2025 under Section(s) 115, 117(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station Ambala City, District Ambala along with all subsequent proceedings arising therefrom on the basis of compromise dated 16.10.2025 (Annexure P-2).

2 Briefly summarised, aforesaid FIR was registered on the statement of the complainant, who stated that he earns his livelihood by transporting goods on a rickshaw in the area of Ambala. It was stated that about two years prior to the occurrence, he had transported household goods belonging to one Harish, a resident of Ambala, from his earlier rented accommodation to another house situated in Badshahi Bagh Colony, Ambala, for which he had undertaken nine trips. The agreed wages for the said work were Rs.900/-, out of which only Rs.400/- had been paid to him, leaving a balance of Rs.500/- outstanding. It was further stated that the complainant had repeatedly requested Harish to pay the remaining amount, but the latter kept postponing the payment on one pretext or another. On 26.09.2025, at about 3:30 p.m., the complainant met Harish near a ply shop and again demanded payment of his pending wages, upon which Harish started abusing the complainant, picked up a quarrel and threatened him that he would never demand money thereafter and that he would be taught a lesson for asking for his dues. Thereafter, Harish pushed the complainant with force, causing him to fall onto bricks, as a result of which he sustained a fracture of the pelvic bone. It was further stated that while the complainant was lying on the ground, Harish kicked him. On hearing the commotion, people present at the spot intervened and rescued the complainant. It was also stated that while leaving the spot, Harish threatened the complainant that he was being spared that day and that if he ever demanded the money again, he would be killed. The complainant stated that he was thereafter admitted to the hospital by an acquaintance for treatment of his injuries. On the basis of the said allegations, the complainant prayed that strict legal action be taken against Harish Kumar for causing injuries to him and for extending threats.

3 The parties were directed to appear before the learned trial Court/Illaqa Magistrate vide order dated 07.11.2025 of this Court, to get their statements recorded regarding the compromise arrived at between the parties and a report in this regard was called for.

4 Pursuant to the said order, report has been received from the Chief Judicial Magistrate, Ambala, vide Memo No.1264 dated 14.11.2025.

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

“2. As per directions of Hon'ble High Court vide Order dated 07.11.2025, on 12.11.2025 complainant Harish Kumar appeared before the Court and got recorded his statement to the effect that he is the only aggrieved person/complainant in the present case. He got the above said FIR registered against accused Harish Kumar. Now with the intervention of respectables of the society and relatives, the dispute between him and accused has been compromised. This compromise is genuine, voluntary and without any coercion or undue influence. Now, he has no grudge against the above named accused. He has no objection, if the present FIR is quashed as per the above said compromise.

3. Thereafter, accused Harish Kumar got recorded his statement, wherein he stated that he has been arrayed as accused in FIR No.321 Dated 29.09

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