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Judgment
Yashvir Singh Rathor, J
Today, lawyers are abstaining from work.
Prayer in this petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 is for quashing of FIR No.209 dated 27.09.2024 registered at Police Station Sector 17/18, District Gurugam, Haryana (Annexure P-1) under Sections 318(4) of BNS, 2023 (Section 338, 336(3), 340 (2) and 238 of BNS, 2023 added later on) and all subsequent proceedings arising therefrom on the basis of compromise.
Reply by way of an affidavit dated 06.12.2025 of Dharamvir Singh HPS, Assistant Commissioner of Police, Udyog, Gurugram, Haryana filed in the Registry on behalf of the respondent-State is taken on record. Registry is directed to tag the same at an appropriate place.
This Court vide order dated 31.10.2025 had directed the parties to appear before the Trial Court/Illaqa Magistrate to get their statements recorded and the learned Magistrate was directed to send his/her report qua the genuineness of the compromise.
Pursuant to the aforesaid order, parties have appeared before learned Judicial Magistrate 1st Class, Gurugram and got their statements recorded. On the basis of the statements so recorded, learned Magistrate has submitted report dated 02.12.2025 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
In view of the above, no useful purpose would be served by continuing with the proceedings before the trial Court in the instant F.I.R. following the principles laid down by the Full Bench judgment of this Court in 2007 (3) RCR (Criminal) 1052 titled as ‘Kulwinder Singh and others Versus State of Punjab and another’ and approved by the Hon'ble Supreme Court in (2012) 10 SCC 303 TITLED AS ‘Gian Singh Versus State of Punjab and others’. Accordingly, the present petition is allowed and the FIR No.209 dated 27.09.2024 registered at Police Station Sector 17/18, District Gurugam, Haryana (Annexure P-1) under Sections 318(4) of BNS, 2023 (Section 338, 336(3), 340 (2) and 238 of BNS, 2023 added later on) and all subsequent proceedings arising therefrom are hereby quashed on the basis of compromise arrived at between the parties.
