AMAN PAL SINGH v. STATE OF HARYANA & Anr.
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Cited in this judgment
CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU Present: Mr. Pawan Kumar Suri, Advocate for Mr. Pawan Kumar Suri, Advocate for Mr. Pawan Kumar Suri, Advocate for Advocate for the petitioner. Mr. Ram Bilas Gupta, Advocate for the petitioner. Mr. Ram Bilas Gupta Mr. Vaibhav Sharma, AAG, Haryana. Mr. Vaibhav Sharma, AAG, Haryana. Mr. Vaibhav Sharma, AAG, Haryana. Mr. Hardeep Singh, Advocate for respondent No.2. Mr. Hardeep Singh, Advocate for respondent No.2. Mr. Hardeep Singh, Advocate for respondent No.2. MANDEEP PANNU, J (ORAL) MANDEEP PANNU, J (ORAL)
1. BNSS for quashing of FIR This is a petition under Section 528 of BNSS for quashing of FIR This is a petition under Section 528 of This is a petition under Section 528 of No. 6, dated
04.01.2020 (Annexure P-1), under Sections 509 of IPC , under Sections 509 of IPC (corresponding Section 79 of BNS), 67(A) of Information Technology Act, 2000 (corresponding Section 79 of BNS), 67(A) of Information Technology Act, 2000 (corresponding Section 79 of BNS), 67(A) of Information Technology Act, 2000 (corresponding Section 79 of BNS), 67(A) of Information Technology Act, 2000 and Section 201 of IPC (corresponding Section 238 of BNS added later on), and Section 201 of IPC (corresponding Section 238 of BNS added later on), and Section 201 of IPC (corresponding Section 238 of BNS added later on), and Section 201 of IPC (corresponding Section 238 of BNS added later on), registered at Police Station Police Station Industrial Area, Bhiwani, District Bhiwani with all Industrial Area, Bhiwani, District Bhiwani, with all the consequential proceedings arising therefrom, on the basis of compromise the consequential proceedings arising therefrom, on the basis of compromise the consequential proceedings arising therefrom, on the basis of compromise the consequential proceedings arising therefrom, on the basis of compromise dated 12.02.2026
12.02.2026 (Annexure P-2).
2. During the pendency of the dispute, the parties have compromised During the pendency of the dispute, the parties have compromised During the pendency of the dispute, the parties have compromised During the pendency of the dispute, the parties have compromised r and filed the present petition for quashing of FIR. the matter and filed the present petition for quashing of FIR. r and filed the present petition for quashing of FIR.
3. , parties were directed to appear before Vide order dated 23.03.2026, parties were directed to appear before , parties were directed to appear before Vide order dated the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for. compromise was called for. HIMANSHU 2026.04.22 09:39 I attest to the accuracy and integrity of this document CRM-M-15122-2026 (O&M) -2-
4. The report dated 16.04.2026 has been received from Judicial Magistrate 1st Class, Bhiwani, stating that the parties have entered into a compromise, which is genuine, voluntary and without any coercion or undue influence.
5. Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:- “29. The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings noncompoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice.
30. The power under Section 482 of the Cr.P.C. is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined para-meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 of the Cr.P.C. has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with circumspection and restraint. The Court is a vital and an extra-ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever- lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to givefull effect to the same unless such compromise is HIMANSHU 2026.04.22 09:39 I attest to the accuracy and integrity of this document CRM-M-15122-2026 (O&M) -3- abhorrent to lawful composition of the society or would promote savagery.”
6. The legal principles as laid down for quashing of the judgment were also approved by the Hon'ble Supreme Court in the matter of 'Gian Singh Versus State of Punjab and another,(2012) 10 SCC 303'.
7. It is evident that in view of the amicable resolution of the issues amongst the parties, no useful purpose would be served by continuation of the proceedings. The furtherance of the proceedings is likely to be a waste of judicial time and there appears to be no chance of conviction.
8. In view of above, FIR No. 6, dated 04.01.2020 (Annexure P-1), under Sections 509 of IPC (corresponding Section 79 of BNS), 67(A) of Information Technology Act, 2000 and Section 201 of IPC (corresponding Section 238 of BNS added later on), registered at Police Station Industrial Area, Bhiwani, District Bhiwani, with all the consequential proceedings arising therefrom, is quashed qua the petitioner, on the basis of compromise dated
12.02.2026 (Annexure P-2).
9. The present petition is hereby allowed. (MANDEEP PANNU) JUDGE
21.04.2026 himanshu Whether speaking/reasoned Yes/No Whether reportable Yes/No HIMANSHU 2026.04.22 09:39 I attest to the accuracy and integrity of this document