IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

301 CRM-M-57671-2025 (O&M) Date of decision: 20.01.2026.

SUBHASH CHANDER AND ANOTHER ...Petitioner(s)

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

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Ajay Nain, Advocate, (Through Video Conference)

for the petitioners.

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

Mr. Kartik, 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.575 dated 04.08.2020 under Section(s) 406 and 420 of the Indian Penal Code, 1860, (Section 406 IPC deleted and Sections 408, 467, 468 and 471 IPC added later on) registered at Police Station HTM Hisar, District Hisar, along with all subsequent proceedings arising therefrom on the basis of compromise/MOU/agreement/addendum dated 12.09.2025 (Annexure P-2).

2 Briefly summarised, the aforesaid FIR was registered on the statement of Kamaljeet Singh, son of late Sh. Hari Ram. The translated version of the same is reproduced as under: -

“To PP MD Hisar PS HTM Subject Application regarding the misappropriation/ fraud of Rs. 609500/- On dated 2nd of June 2020 some recon shortage customer claim has been apprised by recon team. Against Mr. Subhash kumar Emp code 5111139 who is working with the company since 2015 and 2nd custodian Mr. Vinod Emp code 8013481 is working from 10th feb 2020 of Rs 20,000 and on 15th June Rs 31000/- shortage was reported and instruction given by BM to justify the same but they were failed to justify post which we have off routed them on 25th June with proper hand over of 28 ATM's out of which 4 are recycler machines on same day while take over the route. Mr. Kamaljeet has observed that there is difference of 3 recycler with Bank GL accounts on enquiry with bank they were apprised that there is some cash mis matched is going between deposition (GL) accounts v/s actual balance in three of recycler machines and they will confirm the exact balance report from their HO (OBC) on repeated follow up with Bank. We get confirmation on 13th July that there is shortage of 609500/- from 1 recycler machine. H06R005801 on same day. It has shared the EJ with region recon lead Mr. Kapil Kumar on 14th June. Mr Kapil has declared the shortage of Rs (H06R005801) 609500/-on dated 14th June instructed have been passed to Mr. Subhash and Mr. Vinod to report in office but he denied to come and refuse to take call. On next 15th July the centralized recon lead Mr. Sanjeev Bansal also reached at Hisar and called Mr. Subhash but he did not response or report to office. Then we have visited his village to meet his family about the incident and his family gave assurance to their cooperation. On next day 16th July all video footage of this case received from Bank/MSP and informed Police. And understand them how Mr. Subhash and Vinod have done the misappropriation of cash Rs 609500/-. On 17th July Police Called them at Police station for investigation. We are requesting you kindly recover the entire amount from both of them and deposit into the company account. Would requested kindly instruct the concerned to lodge an FIR against them and bring the culprits into court of Justice and shall be highly obliged. SD-kamaljeet, Mr. KAMALJEET SINGH S/O LATE SHRI HARIRAM R/O 1069, SECTOR 13, HISAR, MOBILE 7027514647. is working with CMS info system Ltd On the capacity of Branch Manager at Hisar 2015.”

3 However, with the intervention of the respectables from both sides, the parties have decided to compromise the matter. Hence, the present petition. The parties were directed to appear before the learned trial Court/Illaqa Magistrate vide order dated 14.10.2025 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, a report has been received from the Chief Judicial Magistra