IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 01.05.2025 KAPIL ...PETITIONER Versus STATE OF HARYANA AND ANOTHER ... RESPONDENTS CORAM : HON'BLE MR. JUSTICE N. S. SHEKHAWAT Present: Mr. Hemant Hans, Advocate for the petitioner.

Mr. Gurmeet Singh, AAG, Haryana.

Mr. Rohit Kumar, Advocate for Mr. Shiv Kumar Rana, Advocate for respondent No.2.

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N. S. SHEKHAWAT , J. (Oral)

1. The instant petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of an FIR No.68 dated 22.04.2021 under Sections 323, 34, 506 of IPC and Section 3(2) (va) of Scheduled Casts & Scheduled Tribes (Prevention of Atrocities) Act 1989 (later on Section 34 IPC was deleted) registered at Police Station Dhand, District Kaithal (Annexure P-1) alongwith all the consequential proceedings arising therefrom on the basis of compromise dated 21.02.2025 (Annexure P-2) and affidavit dated 21.02.2025 (Annexures P-3 & P-4).

2. Vide order dated 12.03.2025, while issuing notice of motion, this Court had directed the parties to appear before the Illaqa Magistrate/trial Magistrate for getting their statements recorded with respect to the compromise dated 21.02.2025 (Annexure P-2) and affidavit dated 21.02.2025 (Annexures P-3 & P-4).

3. Pursuant to aforesaid order, the parties have appeared before the learned Additional Sessions Judge, Kaithal and got their statements recorded. Report dated 27.03.2025 has been received whereby after recording the statements of the parties, the Court below has shown its satisfaction that the compromise is genuine, voluntary and without any coercion or undue influence.

4. I have heard counsel for the parties and gone through the case file.

5. In the light of the satisfaction shown by the Court below and considering the offence for which the accused have been charged are not of serious nature, together with the fact that compromise will go a long way in ironing out the differences for betterment of future life of the parties and also in view of the law laid down in Gian Singh Vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others Vs. State of Punjab 2007(3) RCR (Criminal) 1052, the present petition for quashing the FIR is allowed qua the petitioner.

6. Resultantly, FIR No.68 dated 22.04.2021 under Sections 323, 34, 506 of IPC and Section 3(2) (va) of Scheduled Casts & Scheduled Tribes (Prevention of Atrocities) Act 1989 (later on Section 34 IPC was deleted) registered at Police Station Dhand, District Kaithal (Annexure P-1) alongwith all consequential proceedings arising therefrom are hereby quashed qua the petitioner.

01.05.2025 (N. S. SHEKHAWAT)

vipin JUDGE