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Judgment
SUMEET GOEL, J. ORAL
The present petition has been filed under Section 528 of BNSS, 2023 for quashing of FIR No.194 dated 31.08.2023 under Sections 409, 420, 467, 468, 417 and 120-B of IPC, registered at Police Station Civil Lines Gurugram and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 31.07.2025 (Annexure P-2), which is stated to have been effected between the parties.
On 08.08.2025, the following order was passed:
"The petitioners have approached this Court seeking quashing of FIR (Annexure P-1) and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties. Learned counsel for the petitioners has submitted that all concerned are parties to the present petition in terms of the dicta of the Division Bench judgment of this Court passed in 'Rakesh Das Vs. State of Haryana and another', Neutral Citation: 2024:PHHC;147654-DB.
Notice of motion.
At this stage, Mr. Tarun Aggarwal, Addl.AG, Haryana has put in appearance on behalf of respondent No.1-State of Haryana and accepts notice.
Mr. Gaurav Gupta, Advocate has filed memorandum of appearance for respondent Nos.2 & 3. Mr.Abhaysher Singh, Advocate has filed power of attorney on behalf of respondent Nos.4 & 5. The same be taken on record.
The parties are directed to get their statements recorded qua the factum of compromise in the following manner:
(i)The parties shall appear before the trial Court/Illaqa Magistrate concerned on 18.08.2025 or any date thereafter as fixed by trial Court/Illaqa Magistrate for recording statements of the petitioner as well as of the complainant qua the factum of compromise. As and when any such appearance is made, the trial Court/Illaqa Magistrate shall do the needful for recording the statements of the parties qua the factum of the compromise. It shall be open to the trial Court/Illaqa Magistrate to either record the statements of the parties by physical process or by video conferencing as deemed appropriate by the trial Court/Illaqa Magistrate.
(ii)In case the statement is to be recorded by way of video conferencing, the parties concerned shall be duly identified through video conferencing by their respective counsel, subject to the satisfaction of the Presiding Officer.
(iii)The trial Court/Illaqa Magistrate may also choose to get the statements of the parties recorded through some Commissioner, appointed by the Court who would be some Advocate having sufficient standing at the Bar. In case the statement is recorded through some Commissioner, such Commissioner/Advocate shall furnish an affidavit after recording statements to the effect that the parties had appeared before him/her and he/she had recorded their statements as per law and that the said parties had been duly identified by their respective counsel. This shall be subject to satisfaction of trial Court/Illaqa Magistrate.
After recording the statements of all the affected parties in either of the aforesaid manner, the trial Court/Illaqa Magistrate shall submit its report on the basis of the statements so recorded as to whether all the affected parties have entered into a compromise and as to whether the compromise in question is found to be a valid compromise and has been effected without there being any kind of influence or coercion.
The trial Court/Illaqa Magistrate shall also report as regards the following facts after seeking information from Investigating Officer, concerned:
(i)Whether there is any other accused other than the petitioner, arrayed in this petition?
(ii)Whether there is any other complainant or affected/ aggrieved party other than the respondents, arrayed in the petition?
(iii)Whether any accused has been declared Proclaimed Offender?
The report be submitted before this Court before the next date of hearing i.e. 09.09.2025.
The petitioners are directed to deposit a sum of ₹50,000/- as costs with the High Court Lawyers Welfare Fund, Bank details whereof reads thus:
Account No.65018692589;
IFSC Code: SBIN0050306;
Branch Code: 50306;
Bank: State Bank of India, High Court Branch, Chandigarh
Payment of costs and production of receipt thereof shall be a condition precedent for recording of statements in the manner directed for hereinabove."
On 09.09.2025, the following order was passed:
Vide order dated 08.08.2025, the parties were directed to appear before trial Court/Illaqa Magistrate for recording their statements with regard to the genuineness of the compromise. Learned counsel for the petitioner submits that due to some personal difficulty, the parties did not appear before the trial to record their statements in terms of order dated 08.08.2025.
The petitioners are directed to deposit a sum of Rs. 50,000/- as costs with the High Court Lawyers Welfare Fund, Bank details whereof reads thus:
Account No.65018692589;
IFSC Code: SBIN0050306;
Branch Code:50306;
Bank: State Bank of India, High Court Branch, Chandigarh
In view of the averments made by learned counsel for the petitioners one more opportunity is granted to the parties to record their statements compromise in terms of order dated 08.08.2025.
The parties are directed to appear before trial Court/Illaqa Magistrate for recording their statements.
The parties are again directed to get their statements recorded qua the factum of compromise on 19.09.2025.
For awaiting report, list on 30.09.2025."
Pursuant to the aforesaid order, report dated 26.09.2025 from Additional Chief Judicial Magistrate, Gurugram has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:-
"1.Whether there is any other accused other than the petitioner, arrayed in this petition?
As per the statement of Investigating Officer, there are three persons arrayed as accused in the present case FIR namely, Devender Singh, Amarjeet Dhillon and Sushil Kaudinya. All of three accused persons have appeared for getting their statement recorded with regard to the compromise.
2.Whether there is any other complainant or affected/aggrieved party other than the respondents, arrayed in the petition?
As per statement of investigating officer, except the complainant Saurabh Pandoh, victims Sana Naseem, Vijaypal and Poonam, there is one more victim/affected party namely, Edelweiss Asset Reconstruction Company Limited.
3.Whether any accused has been declared Proclaimed Offender?
As per statement of investigating officer, accused Devender Singh, Amarjeet Dhillon and Sushil Kaudinya have not been declared proclaimed offenders in the present case."
Learned counsel for respondent Nos.2 to 5 admits the fact that the parties have compromised the matter and states that he has no objection in case the FIR and all proceedings subsequent thereto against the petitioners are quashed.
Learned counsel appearing for respondent No. 6 has specifically submitted that the said respondent has no objection in case the FIR is quashed on the basis of compromise, as the loan account has been settled between the parties.
Similarly, learned State counsel has stated that he has no objection in case the FIR is quashed based upon the compromise/settlement (Annexure P-2).
I have heard learned Counsel for the parties and have carefully gone through the records of the case.
This Court and the Hon'ble Apex Court has repeatedly dealt with the issue of exercise of jurisdiction under Section 482 of the Code to quash proceeding in non-compoundable offences in the cases of Gian Singh vs. State of Punjab and another, 2012(10) SCC 303, Kulwinder Singh & others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 and Ram Gopal and another vs. State of Madhya Pradesh, 2021(4) R.C.R. (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of September, 2021). The proposition of law that emerges from the aforesaid decisions rendered by the Hon'ble Apex Court and this Court is :
Power u/s 482 Cr.P.C. vested with this Court is much wider and is unaffected by Section 320 of the Code.
However, wider the power greater the caution.
The underlining principle while exercising such power is that it can be invoked to quash the proceedings recognizing compromise between the parties in the matters which are overwhelmingly and predominantly of civil character like commercial transactions or arising out of matrimonial relationship or family disputes.
The said power is not to be exercised in the prosecutions involving heinous and serious offences of mental depravity or offences like murder, rape, dacoity etc. as such offences are not private in nature and have a serious impact on society.
Section 482 Cr.P.C. casts duty upon the High Court to advance interest of justice as well. It is in recognition of this duty casted upon the High Court, that Apex Court held that the High Court would not refuse to quash FIR under Section 307 merely because FIR finds mention thereof. High Court can assess nature of injuries sustained, whether such injuries inflicted on vital/delicate parts of the body/nature of weapons used etc.
Such exercise at the hands of High Court would be permissible only after the evidence is collected after investigation and chargesheet is filed/charges framed during the trial. Such exercise cannot be carried out while the matter is still under investigation.
While quashing FIR in non-compoundable offences even which are of private in nature, High Court is required to consider antecedents of the accused, conduct of the accused and whether he was absconding or whether he has managed the complainant to enter into a compromise.
The statutory provision of Section 528 of BNSS, 2023 is same as the statutory provision of Section 482 of Cr.P.C., 1973. Therefore, the above said principles of law would apply to a petition under Section 528 of BNSS, 2023 as well.
Thus, keeping in view the aforesaid facts and circumstances, this Court is of the considered opinion that it is a fit case to exercise jurisdiction vested u/s 528 of BNSS,2023 to quash the FIR as :-
Putting a quietus to the proceedings will bring peace and tranquility amongst parties & will accordingly further the cause of substantial justice.
The offences alleged are primarily of private nature.
The parties have compromised.
As per the report received the compromise is said to be voluntary in its nature.
Complainant/victim is reported to have entered into compromise on his own volition.
Consequently, the petition is allowed. FIR No.194 dated 31.08.2023 under Sections 409, 420, 467, 468, 417 and 120-B of IPC, registered at Police Station Civil Lines Gurugram and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 31.07.2025 (Annexure P-2), are, hereby, quashed.
Pending application(s), if any, shall also stand disposed of.