Rake Rakesh Das V as v. State of Haryana and another
Case Details
CRM-M No. No.50202 of 2025 -1- IN THE HIGH COURT OF PUN IN AT CHANDIG F PUNJAB AND HARYANA NDIGARH 299 ***** CRM-M No.50202 of 202 Date of decision : 4.11.202 of 2025 .2025 Anisha and ha and and others &&&&.Petitioners State of Ha Haryana and others &&.Respondents ersus Versus CORAM: AM: HON'BLE MR. JUSTICE SUM SUMEET GOEL Present: Ms. Tarranum Madan, Advoca Ms. Alisha Soni, Advocate, fo dvocate, for ate, for the petitioners Mr. Gurmeet Singh, AAG, Ha G, Haryana Ms. Prabhjot Kaur, Advocate, Ms. Sapna Lather, Advocate, f --- ocate, for cate, for respondents no.2 and 3 SUMEET EET GOEL, J. (ORAL) 1. Present petition has been filed under Prese under Section 528 of Bharatiya Nagar Nagarik Suraksha S ksha Sanhita, 2023 for quashing of FIR of FIR No.374 dated 21.12.2022 und under Sections 14 148, 149, 323, 341 and 506 of 06 of IPC, registered at Police Statio Station Dhauj, Disa j, Disatrict Faridabad and all subsequ bsequent proceedings arising therefro erefrom on the basis e basis of compromise dated 29.8.2025 .8.2025 (Annexure P-2). 2 On 8.9.2025, the following order was On er was passed: The petitioners have approached this Co 8The
Legal Reasoning
s Court seeking quashing of FIR (Annexu nexure P-1) 1) and all consequential proceedings e gs emanating therefrom on the basis of is of a ompromise having been effected betwee comp tween the parties. Learned counsel for t for the petiti etitioners has submitted that all concern cerned are parties to the present petition ition in erms of the dicta of the Division Bench ju terms ch judgment of this Court passed in 8Rake Rakesh Das V as Vs. State of Haryana and another9, N er9, Neutral Citation: 2024:PHHC;14765 47654- B. DB. Notic otice of motion. ASHWANI KUMAR 2025.11.06 10:33 I attest to the accuracy and integrity of this document At th
Legal Reasoning
t this stage, Mr. Tarun Aggarwal, Addl.A ddl.AG, Haryana has put in appearance nce on ehalf of respondent No.1-State of Haryan behal ryana and accepts notice. CRM-M No. No.50202 of 2025 -2- Ms. S s. Sapna Lather, Advocate has filed vaka vakalatnama for respondent Nos.2 & 3. T 3. The ame be taken on record. same The he parties are directed to get their st ir statements recorded qua the factum tum of ompromise in the following manner: comp The parties shall appear befor before the trial Court/Illaqa Magistra istrate concerned on 15.09.2025 or an r any date thereafter as fixed by tr y trial Court/Illaqa Magistrate for record cording statements of the petitioner as w as well as of the complainant qua the fac e factum of compromise. As and when a en any such appearance is made, the tria trial Court/Illaqa Magistrate shall do do the needful for recording the statemen ements of the parties qua the factum of t of the compromise. It shall be open to the o the trial Court/Illaqa Magistrate to eith either record the statements of the par parties by physical process or by vid video conferencing as deemed appropria trate. priate by the trial Court/Illaqa Magistrate (ii) In case the statement is to be r be recorded by way of video conferencin encing, the parties concerned shall be dul duly identified through video conferenci encing by their respective counsel, subje ubject to the satisfaction of the Presidi esiding Officer. (iii) The trial Court/Illaqa Mag Magistrate may also choose to get the statements of the parties recorded ded through some Commissioner, appoint ointed by the Court who would be some ome Advocate having sufficient standing ding at the Bar. In case the statement is t is recorded through some Commission sioner, such Commissioner/Advocate sha shall furnish an affidavit after recordi ording statements to the effect that the pa e parties had appeared before him/her a er and he/she had recorded their statemen ements as per law and that the said part parties had been duly identified by their r eir respective counsel. This shall be subje subject to satisfaction of trial Court/Illaqa laqa Magistrate. After fter recording the statements of all the a he affected parties in either of the aforesa resaid mann anner, the trial Court/Illaqa Magistrate trate shall submit its report on the basis asis of he statements so recorded as to whether a the st her all the affected parties have entered in ed into compromise and as to whether the compr a co ompromise in question is found to be a va a valid ompromise and has been effected withou comp ithout there being any kind of influence nce or oercion. coerc The t he trial Court/Illaqa Magistrate shall als ll also report as regards the following fa g facts fter seeking information from Investigatin after gating Officer, concerned: (i) Whether there is any other accu accused other than the petitioner, arrayed ayed in this petition? (ii) Whether there is any other co r complainant or affected/ aggrieved pa party other than the respondents, arrayed ayed in the petition? (iii) Whether any accused has been been declared Proclaimed Offender? ASHWANI KUMAR 2025.11.06 10:33 I attest to the accuracy and integrity of this document CRM-M No. No.50202 of 2025 -3- The r he report be submitted before this Cou Court before the next date of hearing i ing i.e. 9.10.2025.9 09.10 3. Pursuant to the aforesaid order, re Pursu er, report dated 19.9.2025 from Civ m Civil Judge (Jr. D e (Jr. Division)-cum- Judicial Magistr agistrate Ist Class, Faridabad has bee as been received, w ved, which is taken on record. As pe As per the report, the Trial Court ha ourt has recorded as ded as follows:- 8i In In reference to the above cited subjec bject, I have the honour to submit that that in pursu ursuance of Order dated 08.09.2025 pa 5 passed by the Hon'ble High Court, t rt, the omplainant Ruksana Begum and Abid ( comp id (Injured person) and accused, name amely, Anish nisha, Adil, Aasib @ Asaf Aasif, Sahib, R ib, Raju, Shahid, Nafees @ Nafis, Salaudd auddin @ S Sallam, Javed Guardian and C/o C/o Anisha and Saiba @ Sahiba a a and nvestigating Officer PSI Tejvir, Farida Inves ridabad P.S Dhauj, Faridabad appear peared efore the under-signed and their statem befor atements have been recorded. The part parties ave relied upon their Aadhaar card for id have or identification, copies of which are plac placed n record. on re i. The complainant, namely, Ruksana B ii. Th a Begum and Abid (Injured Person) a n) and ccused persons, namely, Anisha, Adil, Aa accus il, Aasib @ Asaf Aasif, Sahib, Raju, Shah hahid, Nafee afees @ Nafis, Salauddin @ Sallam, Jav , Javed Guardian and C/o Anisha and Sai Saiba @ Sa Sahiba suffered a statement to the eff e effect that they have settled their dispu dispute micably with the intervention of elders a amica ers and respectable persons of the socie ociety. They hey further stated that they have entered ered into a compromise with each other her out f their sweet will, without any fear, co of th r, coercion or pressure from anyone. T e. The ccused persons further stated that they accus they have never been declared Proclaim laimed Offen ffenders/persons and no such proceeding edings are pending against them before a re any ompetent Court of law. Both sides we comp s were duly identified by their respecti pective Coun ounsels. iii. T . The under-signed inquired from the pa he parties about the factum, of comprom romise o which they stated at bar, in consonanc to wh nance with their statements, that they ha y have ettled their dispute by entering into a com settle compromise which is acceptable to both both of hem. The said compromise has been them. een effected voluntarily and without a ut any press ressure, with the intervention of respec spectable persons of society. They furth further tated that all their disputes have been stated een put to rest and they have no grud grudge gainst each other. The complainant Ruk again Ruksana Begum and injured person Ab n Abid urther stated that they have no objection furthe tion if the proceedings of this case qua t ua the ccused are quashed by the Hon'ble High accus igh Court. v. As per the statement of Investigating O iv. As g Officer PSI Tejvir, Faridabad P.S Dha Dhauj, Farid aridabad, No proclaimed offender/perso erson proceedings are pending against a nst any ASHWANI KUMAR 2025.11.06 10:33 I attest to the accuracy and integrity of this document CRM-M No. No.50202 of 2025 -4- f the parties. FIR has been lodged agains of the ainst 10 persons, and final report has be s been iled against 10 accused persons, namel filed amely, Anisha, Adil, Aasib @ Asaf Aas Aasif, ahib, Raju, Shahid, Nafees @ Nafis, Sal Sahib Salauddin @ Sallam, Javed Guardian a an and C/o A /o Anisha and Saiba @ Sahiba. Apar part from the complainant Ruksana a a and njured Abid, there is no other affected par injure party. . The under-signed is of the considered v v. Th ed view that the compromise appears to s to be genui enuine and has been reached at volun oluntarily, without any pressure or und undue nfluence between the complainant, name influe amely, Ruksana Begum and Abid (Injur Injured perso erson) and accused persons, namely, An , Anisha, Adil, Aasib @ Asaf Aasif, Sah Sahib, Raju, aju, Shahid, Nafees @ Nafis, Salauddin ddin @ Sallam, Javed Guardian and C nd C/o Anish nisha and Saiba @ Sahiba. Further, they they have made their statements voluntar ntarily nd without any threat, inducement, coerc and w oercion or undue influence. Hence, from om the areful scrutiny of material on record a caref rd and upon reasonable inquiry from t om the partie arties in this regard, the compromise app appears to be genuine and voluntary. i. Statements of the complainant Ruksana vi. S sana Begum and Abid (Injured person) a n) and ccused persons, namely, Anisha, Adil, Aa accus il, Aasib @ Asaf Aasif, Sahib, Raju, Shah hahid, Nafee afees @ Nafis, Salauddin @ Sallam, Jav , Javed Guardian and C/o Anisha and Sai Saiba @ Sa Sahiba and Investigating Officer PSI Te SI Tejvir, Faridabad P.S Dhauj, Faridaba dabad, re enclosed with the present report in c are e n compliance of Order of the Hon'ble Hi e High Cour ourt dated 08.09.2025.9 4. Learned counsel for respondents Learn No.2 and 3 admits the factum o ctum of parties hav es having compromised and states tha tes that he has no objection in case th case the impugned o gned order is quashed. 5. Similarly, learned State counsel has Simi el has stated that he has no objection ction in case the im the impugned order is quashed as th as the parties have compromised th ised the matter amic r amicably. 6. I have heard learned counsel for the I hav for the parties and have carefully gon lly gone through the gh the records of the case. 7. This Court and Apex Court has re Thi has repeatedly dealt with the issue o issue of exercise of ise of jurisdiction under Section 482 n 482 of the Code to quash proceedin ceeding in non-com compoundable offences in the ca the cases of Gian Singh vs. State ate of Punjab an b and another, 2012 (10) SCC 303 303, Kulwinder Singh & others v ers vs. ASHWANI KUMAR 2025.11.06 10:33 I attest to the accuracy and integrity of this document State of Pu f Punjab & another, 2007 (3) RCR CR (Criminal) 1052 and Ram Gop Gopal CRM-M No. No.50202 of 2025 -5- and anothe other vs. State of Madhya Pradesh desh, 2021 (4) R.C.R. (Criminal) 32 l) 322 (Criminal inal Appeal No.1489 of 2012 decid ecided on 29th of September, 2021 2021). The propos proposition of law that emerges from s from the aforesaid decisions rendere endered by Apex Co pex Court and this Court is: wider utions ity or re not that it romise ly and s or (a) Power u/s 482 Cr.P.C. veste and is unaffected by Section 320 (b) However, wider the power gr (c) The underlining principle whi can be invoked to quash the proc between the parties in the matte predominantly of civil character arising out of matrimonial relatio (d) The said power is not to b involving heinous and serious offences like murder, rape, daco private in nature and have a serio (e) Section 482 Cr.P.C. casts dut interest of justice as well. It is i upon the High Court, that Apex would not refuse to quash FIR u FIR finds mention thereof. Hi injuries sustained, whether such parts of the body/nature of weapo (f) Such exercise at the hands of only after the evidence is collecte sheet is filed/ charges framed cannot be carried out while the m (g) While quashing FIR in non- are private in nature, High antecedents of the accused, cond was absconding or whether he enter into a compromise. vested with this Court is much wid 320 of the Code. r greater the caution. while exercising such power is that proceedings recognizing compromi atters which are overwhelmingly an acter like commercial transactions lationship or family disputes. to be exercised in the prosecutio ous offences of mental depravity dacoity etc. as such offences are n serious impact on society. duty upon the High Court to advan t is in recognition of this duty caste Apex Court held that the High Cou IR under Section 307 merely becau . High Court can assess nature uch injuries inflicted on vital/delica eapons used etc. issible s of High Court would be permissib harge- llected after investigation and charg ercise med during the trial. Such exerci tion. the matter is still under investigation which -compoundable offences even whic nsider igh Court is required to consid her he onduct of the accused and whether h ant to he has managed the complainant vance casted Court ecause ure of elicate 8. Thus, keeping in view the af the aforesaid facts and circumstance stances, this Court Court is of the considered opinion inion that it is a fit case to exercis xercise jurisdiction iction vested u/s 528 of BNS, 2023 to to quash the FIR as :- the proceedings will bring peace an (i) Putting a quietus to the tranquility amongst parties rties & will accordingly further th tice. cause of substantial justice. are primarily of private nature. (ii) The offences alleged are ce and er the ASHWANI KUMAR 2025.11.06 10:33 I attest to the accuracy and integrity of this document CRM-M No. No.50202 of 2025 -6- (iii) The parties have compr (iv) As per the report recei voluntary in its nature. (v) Complainant/victim is compromise on his own voli mpromised. eceived the compromise is said to b to be is reported to have entered in volition. d into 9 Consequently, the petition is allowe Cons allowed. FIR No.374 dated 21.12.202 12.2022 under Sect r Sections 148, 149, 323, 341 and 5 and 506 of IPC, registered at Polic t Police Station Dh on Dhauj, Disatrict Faridabad and al and all consequent proceedings arisin arising therefrom from, on the basis of compromise date se dated 29.8.2025, are, hereby, quashe quashed qua the peti he petitioners. (SUMEET GOEL GOEL) JUDGE 2025 4.11.2025 Ashwani (cid:1) (cid:1) (cid:1) (cid:2)(cid:3)(cid:4)(cid:5)(cid:3)(cid:4)(cid:6)(cid:1)(cid:7)(cid:8)(cid:4)(cid:9)(cid:10)(cid:11)(cid:12)(cid:13)(cid:14)(cid:6)(cid:4)(cid:9)(cid:7)(cid:15)(cid:12)(cid:4)(cid:16)(cid:17)(cid:1) Whether reportable: (cid:16)(cid:17)(cid:1)(cid:1) (cid:18)(cid:4)(cid:7)(cid:14)(cid:19)(cid:15)(cid:1) Yes/No ASHWANI KUMAR 2025.11.06 10:33 I attest to the accuracy and integrity of this document