NARESH SHARMA AND ANOTHER v. STATE OF HARYANA & Ors

HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Mayur Karkra, Mr. Mayur Karkra, Advocate for the petitioners. for the petitioners. Mr. Armaan Dahiya, AAG, Haryana. Mr. Armaan Dahiya, AAG, Haryana. Mr. Armaan Dahiya, AAG, Haryana. Ms. Pooja Jaglan, Advocate Ms. Pooja Jaglan, for respondent Nos.2 and 3. for respondent Nos.2 and 3. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL)

1. Bharatiya Nagarik This is a petition filed under Section 528 Bharatiya Nagarik This is a petition filed under Section This is a petition filed under Section Suraksha Sanhita (BNSS), 2023, for quashing of Suraksha Sanhita (BNSS), 2023 FIR No.376, dated for quashing of FIR No.376, dated S, at Police Station 13.10.2017, registered under Sections 318(4), 351(3) BNS, at Police Station 13.10.2017, registered under Sections 318(4), 351(3) BN 13.10.2017, registered under Sections 318(4), 351(3) BN 1) and challan/final report Kaithal, District Kaithal, (Annexure P-1) and challan/final report Kaithal, District Kaithal, (Annexure P Civil Line Kaithal, District Kaithal, (Annexure P consequential under Section 193 BNS dated 15.03.2018 (Annexure P-4) and consequential under Section 193 BNS dated 15.03.2018 (Annexure P under Section 193 BNS dated 15.03.2018 (Annexure P

18.10.2025 proceedings arising therefrom on the basis of compromise dated 18.10.2025 proceedings arising therefrom on the basis of compromise dated proceedings arising therefrom on the basis of compromise dated (Annexure P-5 5).

2. This Court vide its order dated This had directed the rder dated 04.05.2026 had directed the parties to appear before the Illaqa/Duty Magistrate to get their statements parties to appear before the Illaqa/Duty Magistrate to get their statements parties to appear before the Illaqa/Duty Magistrate to get their statements parties to appear before the Illaqa/Duty Magistrate to get their statements recorded and the learned Magistrate was directed to send its report qua the recorded and the learned Magistrate was directed to send its report qua the recorded and the learned Magistrate was directed to send its report qua the recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. genuineness of the compromise. CRM-M-24485 24485-2026 (O&M) 2

3. Pursuant to the aforesaid order, parties Pursuant to the aforesaid ord have appeared before er, parties have appeared before and got their statements recorded. On Judicial Magistrate First Class, Kaithal and got their statements recorded. On and got their statements recorded. On Judicial Magistrate First Class , Judicial Magistrate First Class, the basis of the statements so recorded, Judicial Magistrate First Class the basis of the statements so recorded, Kaithal, has submitted report dated has submitted report dated 15.05.2026 to the effect that the 15.05.2026 to the effect that the compromise has been effected between the parties voluntarily and without compromise has been effected between the parties voluntarily and without compromise has been effected between the parties voluntarily and without compromise has been effected between the parties voluntarily and without any coercion or undue influence. any coercion or undue influence.

4. Learned State counsel as well as counsel for respondent No.2 Learned State counsel as well as counsel for respondent No.2 Learned State counsel as well as counsel for respondent No.2 Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties. and 3 have not disputed the factum of compromise between the parties. have not disputed the factum of compromise between the parties.

5. the above, no useful purpose would be served to In view of the above, no useful purpose would be served to the above, no useful purpose would be served to In view of continue with the proceedings before the trial Court in the instant FIR. continue with the proceedings before the trial Court in the instant FIR. continue with the proceedings before the trial Court in the instant FIR.

6. Following the principles laid down by the Full Bench judgment Following the principles laid down by the Full Bench judgment Following the principles laid down by the Full Bench judgment Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab an of this Court in d Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court