Rake Rakesh Das V as v. State of Haryana and another
Case Details
CRM-M No. No.54768 of 2025 -1- IN THE HIGH COURT OF PUN IN AT CHANDIG F PUNJAB AND HARYANA NDIGARH 293 ***** CRM-M No.54768 of 202 Date of decision : 4.11.202 of 2025 .2025 Himanshu anshu Yadav and others &&&&.Petitioners State of Ha Haryana and another &&.Respondents ersus Versus CORAM: AM: HON'BLE MR. JUSTICE SUM SUMEET GOEL Present: Mr. Govind Rana, Advocate, f cate, for the petitioners Mr. Gurmeet Singh, AAG, Ha G, Haryana Mr. Amit Kumar, Advocate, fo cate, for respondent no.2 --- 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 FI
Legal Reasoning
of FIR No.395 dated 18.9.2025 und under Sections ons 3(1)(s) and 3(2)(va) of Schedul cheduled Caste and Scheduled Tribe Tribes (Prevention ention of Atrocities) Act, 1989 and S and Sections 115, 117(2), 190, 191(2 , 191(2) and 351(2) 351(2) of Bharatiya Nyaya Sanhita, 2 , 2023, registered at Police Statio Station Khedki Da Daula, District Gurugram and all nd all subsequent proceedings arisin arising therefrom o from on the basis of compromise dated e dated 22.9.2025 (Annexure P-2). 2 On 29.9.2025, the following order wa On rder was passed: The petitioners have approached this Co 8The 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- ASHWANI KUMAR 2025.11.06 10:33 I attest to the accuracy and integrity of this document B. DB. (cid:1)(cid:2)(cid:1)(cid:2)(cid:1)(cid:2)(cid:1)(cid:2) CRM-M No. No.54768 of 2025 -2- Notic otice of motion. At thi
Legal Reasoning
t this stage, Mr. Gurmeet Singh, AAG, H , Haryana has put in appearance on beh behalf f respondent No.1-State of Haryana and a of res nd accepts notice. Mr. A r. Amit Kumar,, Advocate has filed vaka vakalatnama for respondent No.2. The sam e same e taken on record. be tak 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 09.10.2025 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 com 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 ating Officer, concerned: (i) Whether there is any other accu accused other than the petitioner, arrayed ayed in this petition? ASHWANI KUMAR 2025.11.06 10:33 I attest to the accuracy and integrity of this document CRM-M No. No.54768 of 2025 -3- (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? The r he report be submitted before this Cou Court before the next date of hearing i ing i.e. 4.11.2025.9 04.11 The p he petitioners are directed to deposit a su a sum of ¹50,000/- as costs with the Punj Punjab & Ha Haryana High Court Employees Welf Welfare Association, Bank details where hereof eads thus: reads Account No.37167209613; IFSC Code: SBIN0050306; Branch Code: 50306; Bank: State Bank of India, High Co h Court Branch, Chandigarh Paym ayment of costs and production of receip ceipt thereof shall be a condition precede cedent or recording of statements in the manner d for re ner directed for hereinabove.9 3. Pursuant to the aforesaid order, rep Pursu er, report dated 28.10.2025 from Chi Chief Judicial Ma ial Magistrate, Gurugram has been re een received, which is taken on recor record. As per the r er the report, the Trial Court has record recorded as follows:- 8(i) There is no other accused arraye rayed in this case other than the accus ccused perso erson; (ii) There is no other complainant or a or affected/aggrieved party arrayed in th in this ase other than the complinant; case iii) None of (iii) the accused perso ersons are declared as proclaim laimed perso erson/proclaimed offender.9 4. Learned counsel for respondent No Learn ent No.2 admits the factum of partie parties having com g compromised and states that he at he has no objection in case th ase the impugned o gned order is quashed. 5. Repl Reply by way of affidavit of of Virender Singh, HPS, Assista ssistant Commissio missioner of Police, Manesar, Gurugr urugram has been filed in Court toda rt today by the learn e learned State counsel. The same be me be kept on record. Copy thereof ha reof has been furnis furnished to learned counsel for the p r the petitioner. Raising submissions sions in tandem wit m with the said reply, learned State State counsel has stated that he has n has no objection i tion in case the impugned order rder is quashed as the parties hav es have ASHWANI KUMAR 2025.11.06 10:33 I attest to the accuracy and integrity of this document compromis romised the matter amicably. CRM-M No. No.54768 of 2025 -4- 6. I have heard learned counsel for the I hav for the parties and have carefully gon ly gone through the gh the records of the case. 7. This Court and Apex Court has re This 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. State of Pu f Punjab & another, 2007 (3) RCR CR (Criminal) 1052 and Ram Gop Gopal 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 ons 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 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 vance casted Court ecause ure of elicate ASHWANI KUMAR 2025.11.06 10:33 I attest to the accuracy and integrity of this document CRM-M No. No.54768 of 2025 -5- was absconding or whether he enter into a compromise. he has managed the complainant ant to 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 :- ce and er the (i) Putting a quietus to the the proceedings will bring peace an rties & will accordingly further th tranquility amongst parties tice. cause of substantial justice. are primarily of private nature. (ii) The offences alleged are mpromised. (iii) The parties have compr eceived the compromise is said to b (iv) As per the report recei voluntary in its nature. (v) Complainant/victim is compromise on his own voli is reported to have entered in volition. d into to be 9 Consequently, the petition is allow Cons allowed. FIR No.395 dated 18.9.202 .9.2025 under Sect r Sections 3(1)(s) and 3(2)(va) of ) of Scheduled Caste and Schedule heduled Tribes (Pre s (Prevention of Atrocities) Act, 198 t, 1989 and Sections 115, 117(2), 19 2), 190, 191(2) and 2) and 351(2) of Bharatiya Nyaya Sa aya Sanhita, 2023, registered at Polic t Police Station Kh on Khedki Daula, District Gurugram ugram and all consequent proceeding eedings arising ther g therefrom, on the basis of comprom mpromise dated 22.9.2025, are, hereb hereby, quashed qu hed qua the petitioners. (SUMEET GOEL GOEL) JUDGE (cid:3)(cid:4)(cid:5)(cid:6)(cid:4)(cid:5)(cid:7)(cid:2)(cid:8)(cid:9)(cid:5)(cid:10)(cid:11)(cid:12)(cid:13)(cid:14)(cid:15)(cid:7)(cid:5)(cid:10)(cid:8)(cid:16)(cid:13)(cid:5)(cid:17)(cid:18)(cid:2) Whether reportable: (cid:17)(cid:18)(cid:2)(cid:2) (cid:19)(cid:5)(cid:8)(cid:15)(cid:20)(cid:16)(cid:2) Yes/No 2025 4.11.2025 Ashwani (cid:2) (cid:2) (cid:2) ASHWANI KUMAR 2025.11.06 10:33 I attest to the accuracy and integrity of this document