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Judgment
Shalini Singh Nagpal, J. (Oral)Shalini Singh Nagpal, J. (Oral)
Petitioners seek quashing of FIR No.quashing of FIR No.669 dated 06.12.202406.12.2024 under Sectionsunder Sections 316(2) and 318(4) of Bharatiya Nyaya Sanhita, 2023d 318(4) of Bharatiya Nyaya Sanhita, 2023 PolicePolice Station SectorSector 3232-33,33, DistrictDistrict Karnal,Karnal, HaryanaHaryana andand allall consequentialconsequential proceedingsproceedingsproceedingsproceedings arisingarisingarisingarising therefrom,therefrom,therefrom,therefrom, onononon thethethethe basisbasisbasisbasis ofofofof compromisecompromisecompromisecompromise dateddateddateddated 29.04.2026.
On 26.05.2026, this Court directed the parties to appear beforethis Court directed the parties to appear beforethis Court directed the parties to appear before learned trial Court/Illaqa Magistrate for recording of their statements withlearned trial Court/Illaqa Magistrate for recording of their statements withlearned trial Court/Illaqa Magistrate for recording of their statements withlearned trial Court/Illaqa Magistrate for recording of their statements with regard to comproregard to compromise dated 29.04.2026.
In compliance of the aforesaid order, parties appeared beforeIn compliance of the aforesaid order, parties appeared beforeIn compliance of the aforesaid order, parties appeared before learned Chief Judicial MagistrateChief Judicial Magistrate, Karnal on 08.06.2026. Statement ofStatement of InvestigatingInvestigating OfficerOfficer HC Manoj Kumar was recorded on 12.06.2026.. Learned ChiefChief JudicialJudicial Magistrate,Magistrate, KarnalKarnal, has submitted her reportreport recordingrecordingrecordingrecording satisfactionsatisfactionsatisfactionsatisfaction thatthatthatthat allallallall thethethethe partiespartiespartiesparties havehavehavehave enteredenteredenteredentered intointointointo aaaa validvalidvalidvalid compromise without any influence or coercion. Pointcompromise without any influence or coercion. Pointcompromise without any influence or coercion. Point-wise report as underwise report as under has been submitted:has been submitted:
“1.In the present FIR, there are two accused namely. In the present FIR, there are two accused namely KuldeepKuldeep Singh Saini and Gulab Singh Saini.Singh Saini and Gulab Singh Saini.
2.There is only one complainant namely Dinesh Chand Mittal.2. There is only one complainant namely Dinesh Chand Mittal.
3.Yes all the accused and complainant/victims are party to the3. Yes all the accused and complainant/victims are party to the3. Yes all the accused and complainant/victims are party to the compromise and signed the same, however accused Kuldeepcompromise and signed the same, however accused Kuldeepcompromise and signed the same, however accused Kuldeep Singh appeared through VC and iSingh appeared through VC and identified by his counsel.
4.No affected person (accused or complainant) is left out or4. No affected person (accused or complainant) is left out or4. No affected person (accused or complainant) is left out or not arrayed as party in the quashing petition before Highnot arrayed as party in the quashing petition before Highnot arrayed as party in the quashing petition before High Court.
5.No accused is declared proclaimed offender/person or no5. No accused is declared proclaimed offender/person or no5. No accused is declared proclaimed offender/person or no such proceedings against them have been insuch proceedings against them have been initiated or pendingitiated or pending adjudication.
6.AccordingAccordingAccording tototo thethethe statementsstatementsstatements ofofof accusedaccusedaccused personspersonspersons andandand complainant, the compromise is genuine, voluntary and withoutcomplainant, the compromise is genuine, voluntary and withoutcomplainant, the compromise is genuine, voluntary and without any coercion or undue influence.any coercion or undue influence.
7.No aspect except abovesaid aspects are relevant to the7. No aspect except abovesaid aspects are relevant to the7. No aspect except abovesaid aspects are relevant to the present case.present case.”
Learned State counsel has not raised any dispute regarding thenot raised any dispute regarding thenot raised any dispute regarding the factum offactum offactum offactum of compromise.compromise.compromise.compromise. SinceSinceSinceSince thethethethe mattermattermattermatter hashashashas beenbeenbeenbeen amicablyamicablyamicablyamicably resolved,resolved,resolved,resolved, continuation of the criminal proceedings would be an exercise in futility.continuation of the criminal proceedings would be an exercise in futility.continuation of the criminal proceedings would be an exercise in futility.
Following principles of law laid down by theFollowing principles of law laid down by the Full BenchFull Bench Judgment of this Court inJudgment of this Court in “Kulwinder Singh and others Vs. State of Punjab“Kulwinder Singh and others Vs. State of Punjab“Kulwinder Singh and others Vs. State of Punjab and another” 2007(3) RCR (Criminal) 1052and another” 2007(3) RCR (Criminal) 1052and another” 2007(3) RCR (Criminal) 1052 and Hon’ble Supreme Court inand Hon’ble Supreme Court in “Gian Singh Versus State of Punjab and others”(2012) 10 SCC 303,“Gian Singh Versus State of Punjab and others”(2012) 10 SCC 303,“Gian Singh Versus State of Punjab and others”(2012) 10 SCC 303, thethe petition is allowed.petition is allowed.
FIR No.669 dated 06.12.2024 under Sections 316(2) an12.2024 under Sections 316(2) and 318(4)d 318(4) of Bharatiya Nyaya Sanhita, 2023of Bharatiya Nyaya Sanhita, 2023, Police Station Sector 32Police Station Sector 32-33, District33, District Karnal, HaryanaKarnal, Haryana and all consequential proceedings arising therefrom, areand all consequential proceedings arising therefrom, areand all consequential proceedings arising therefrom, are quashed qua thequashed qua the petitioner, on the basis of compromise d, on the basis of compromise dated 29.04.2026.
Pending applications, if any, stand disposed of.Pending applications, if any, stand disposed of.