PUNJAB AND HARYANA AT CHANDIGARH 314 Mamta Kumari & Anr. v. State of Haryana CRM-M-15761-2025 & Anr.
Case at a glance
- Bench
- HARPREET SINGH BRAR
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 528
- Indian Penal Code, 1860 ss. 34, 201, 323, 324, 326
Key paragraphs
- Para 44. In view of the compromise and the ratio of law laid down by the Hon’ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 and Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC…
Judgment
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. G.S. Nehra, Advocate for Mr. P.S. Chauhan, Advocate for the petitioners. Mr. Ramesh Kumar Ambavta, AAG, Haryana. Mr. Rahul Sangwan, Advocate for Mr. Aman Yadav, Advocate for respondent No.2. HARPREET SINGH BRAR J. (Oral)
This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No.118 dated 16.04.2023 under Sections 323/324/34 of IPC (Sections 201/326 of IPC added later on) registered at Police Station Khol, District Rewari, and all other subsequent proceedings arising therefrom in view of the compromise dated 07.03.2025.
The following order was passed on 24.03.2025:-
XX XX XX XX Notice of motion for 24.04.2025. At this stage, on the asking of the Court, Ms. Geeta Sharma, DAG, Haryana accepts notice on behalf of MOHD YAKUB 2025.04.25 16:10 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRM-M-15761-2025 2 respondent No.1-State and Mr. Aman Yadav, Advocate accepts notice for respondent No.2 and files his vakalatnama and admits to the factum of compromise. Copy of the paper book be supplied to them during the course of day. Service is complete. In the meanwhile, the parties are directed to appear before the learned trial Court/Illaqa Magistrate within two weeks from today or any other date convenient to the trial Court/Illaqa Magistrate, to get their statements recorded regarding compromise and after recording their statements, learned trial Court/Illaqa Magistrate is directed to send report regarding the genuineness of compromise and also to intimate whether any PO proceedings are pending against any of the party on or before the date fixed. A copy of the order be sent to learned trial Court/Illaqa Magistrate through fax for compliance.
In compliance of the aforesaid order, a report has been received from the concerned jurisdictional Court that the compromise between the parties is genuine and arrived at without any pressure or coercion from anyone.
In view of the compromise and the ratio of law laid down by the Hon’ble Supreme Court in Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466 and Shakuntala Sawhney (Mrs) Vs. Kaushalya (Mrs.) and others (1980) 1 SCC 63 and Full Bench of this Court in Kulwinder Singh Vs. State of Punjab 2007 (3) RCR (Crl.) 1052, this petition is allowed and FIR No.118 dated MOHD YAKUB 2025.04.25 16:10 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh CRM-M-15761-2025 3
16.04.2023 under Sections 323/324/34 of IPC (Sections 201/326 of IPC added later on) registered at Police Station Khol, District Rewari and all other subsequent proceedings arising out of the same are quashed, qua the petitioners.
24.04.2025 (HARPREET SINGH BRAR) JUDGE Whether speaking/reasoned: Whether reportable: Yes/No Yes/No MOHD YAKUB 2025.04.25 16:10 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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