Singh Oberoi v. Haryana & Ors.

Mr. Rajesh Lamba, Advocate with Mr. Rajesh Lamba, Advocate with Mr. Rajesh Lamba, Advocate with Mr. Vikas Chaudhary, Advocate and Mr. Vikas Chaudhary, Advocate and Mr. Vikas Chaudhary, Advocate and Mr. Abhinav Kaushik, Advocate for respondents No.2 and 3. Mr. Abhinav Kaushik, Advocate for respondents No.2 and 3. Mr. Abhinav Kaushik, Advocate for respondents No.2 and 3. Rajesh Bhardwaj, J. (ORAL) Rajesh Bhardwaj, J. (ORAL) -.-

0008, Instant petition has been filed praying for quashing of FIR No.0008 Instant petition has been filed praying for quashing of FIR No. Instant petition has been filed praying for quashing of FIR No. dated 15.01.2025 63, 66, 66(D) of Information and 15.01.2025 registered under Sections 63, 66, 66(D) of Information and 63, 66, 66(D) of Information and B, 34, 406, 409, 420, 468 and 471 IPC at B, 34, 406, 409, 420, 468 and 471 IPC Technology Act, 2000 and Sections 120-B, 34, 406, 409, 420, 468 and 471 IPC Technology Act, 2000 and Sections 120 Civil Line Kaithal. Police Station Civil Line Kaithal.

The FIR in question was lodged by complainant The FIR respondent No.2 and in question was lodged by complainant-respondent No.2 and during the pendency of the gation commenced thereon. However, during the pendency of the gation commenced thereon. However, the investigation commenced thereon. However, present case, the matter was referred to the Mediation and Conciliation Centre of the matter was referred to the Mediation and Conciliation Centre of was referred to the Mediation and Conciliation Centre of this Court vide order dated 27.03.2025 vide order dated 27.03.2025, where resolved their inter se , where the parties resolved their inter se dispute, which is apparent fro ch is apparent from settlement dated 22.05.2025 ( . On settlement dated 22.05.2025 (Annexure A-2). On the basis of the said compromise, the petitioner the basis of the praying that continuation of compromise, the petitioner is praying that continuation of these proceedings would be a futile exercise and an abuse of process of the Court these proceedings would be a futile exercise and an abuse of process of the Court these proceedings would be a futile exercise and an abuse of process of the Court these proceedings would be a futile exercise and an abuse of process of the Court ubsequent proceedings arising therefrom and thus, the FIR in question and all the subsequent proceedings arising therefrom ubsequent proceedings arising therefrom and thus, the FIR in question and all the s TRIPTI SAINI 2026.05.13 10:50 I attest to the accuracy and integrity of this document CRM-M-15567- -2025 (O&M) -2- may be quashed in the interest of justice. may be quashed in the interest of justice.

This Court vide order dated 11.09.2025 This Court vide order dated directed the parties to appear 11.09.2025 directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements, as contended before the trial Court/Illaqa Magistrate for recording their statements, as contended before the trial Court/Illaqa Magistrate for recording their statements, as contended before the trial Court/Illaqa Magistrate for recording their statements, as contended urt, and the trial Court/Illaqa Magistrate was also directed to send its before the Court, and the trial Court/Illaqa Magistrate was also directed to send its urt, and the trial Court/Illaqa Magistrate was also directed to send its urt, and the trial Court/Illaqa Magistrate was also directed to send its report.

Ist Class, In pursuance to the same, learned Judicial Magistrate, Ist Class, In pursuance to the same, learned In pursuance to the same, learned Pathankot has sent report . With the report, he has annexed has sent report dated 09.10.2025. With the report, he has annexed . With the report, he has annexed photocopy of the statements of complainant-respondent No.2 photocopy of the statements o respondent No.2 Rohit Khurania, and petitioner, namely, Manpreet , namely, Manpreet Singh Oberoi dated and statement of dated 17.09.2025 and statement of . On the basis of the statements, learned Inspector Sushil Kumar dated 17.09.2025. On the basis of the statements, learned . On the basis of the statements, learned Inspector Sushil Kumar Judicial Magistrate, Ist Class, Pathankot has Judicial Magistrate, Ist Class, Pathankot concluded in its report that the has concluded in its report that the compromise is genuine, voluntarily and out of free will.

Learned counsel for the petitioner has submitted that the parties have Learned counsel for the petitioner has submitted that the parties have Learned counsel for the petitioner has submitted that the parties have Learned counsel for the petitioner has submitted that the parties have ly and have decided to get the FIR registered compromised the matter amicably and have decided to get the FIR registered ly and have decided to get the FIR registered compromised the matter amicab against the petitioners quashed and as such the present petition is liable to be against the petitioners quashed and as such the present petition is liable to be against the petitioners quashed and as such the present petition is liable to be against the petitioners quashed and as such the present petition is liable to be accepted.

Learned counsel for respondent No.2 has also pleaded no objection, if Learned counsel for respondent No.2 has also pleaded no objection, if Learned counsel for respondent No.2 has also pleaded no objection, if Learned counsel for respondent No.2 has also pleaded no objection, if TRIPTI SAINI 2026.05.13 10:50 I attest to the accuracy and integrity of this document CRM-M-15567- -2025 (O&M) the present FIR is quashed. the present FIR is quashed. -3-

, learned State counsel has pointed out that there are total At this stage, learned State counsel has pointed out that there are total , learned State counsel has pointed out that there are total At this stage three accused in the present case, however, only two have approached this Court to three accused in the present case, however, only two have approached this Court to three accused in the present case, however, only two have approached this Court to three accused in the present case, however, only two have approached this Court to quash the FIR. However, learned counsel for the petitioner has drawn attention to quash the FIR. However, learned counsel for the petitioner has drawn attention to quash the FIR. However, learned counsel for the petitioner has drawn attention to quash the FIR. However, learned counsel for the petitioner has drawn attention to Officer i.e. Inspector Sahil Kumar, wherein he has the statement of the Investing Officer i.e. Inspector Sahil Kumar, wherein he has Officer i.e. Inspector Sahil Kumar, wherein he has the statement of the Investing Gaurav Gupta, has been found deposed that during investigation third accused- Gaurav Gupta, has been found deposed that during investigation third accused deposed that during investigation third accused innocent.

In view of the same, the compromise effected between the In view of the same, the compromise effected between the In view of the same, the compromise effected between the In view of the same, the compromise effected between the Court, cannot be said to be complainant and petitioners, who have approached this Court, cannot be said to be complainant and petitioners, who have approached this complainant and petitioners, who have approached this partial compromise. partial compromise.

Bhartiya Nagrik A bare perusal of statutory provisions of the 528 of Bhartiya Nagrik A bare perusal of statutory provisions of the 528 of A bare perusal of statutory provisions of the 528 of would show that the High Court may make such orders, as Suraksha Sanhita, 2023 would show that the High Court may make such orders, as would show that the High Court may make such orders, as Suraksha Sanhita, 2023 Code or to prevent abuse of may be necessary to give effect to any order under this Code or to prevent abuse of may be necessary to give effect to any order under this may be necessary to give effect to any order under this the process of any Court or otherwise to secure the ends of justice. Section 359 the process of any Court or otherwise to secure the ends of justice. Section 359 the process of any Court or otherwise to secure the ends of justice. Section 359 the process of any Court or otherwise to secure the ends of justice. Section 359 is equally relevant for consideration, Bhartiya Nagrik Suraksha Sanhita, 2023 is equally relevant for consideration, is equally relevant for consideration, Bhartiya Nagrik Suraksha Sanhita, 2023 the BNS, which prescribes the procedure for compounding of the offences under the BNS, which prescribes the procedure for compounding of the offences under which prescribes the procedure for compounding of the offences under

Keeping in view the nature of offences allegedly committed and the Keeping in view the nature of offences allegedly committed and the Keeping in view the nature of offences allegedly committed and the Keeping in view the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, the continuation of fact that both the parties have amicably settled their dispute, the continuation of fact that both the parties have amicably settled their dispute, the continuation of fact that both the parties have amicably settled their dispute, the continuation of criminal prosecution would be a futile exercise. The Hon'ble Supreme Court in a criminal prosecution would be a futile exercise. The Hon'ble Supreme Court in a criminal prosecution would be a futile exercise. The Hon'ble Supreme Court in a criminal prosecution would be a futile exercise. The Hon'ble Supreme Court in a number of cases including er of cases including Narinder Singh and others Versus State of Punjab Narinder Singh and others Versus State of Punjab Narinder Singh and others Versus State of Punjab