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Judgment
SUNIL KUMAR ALIAS LOHIYA ALIAS LOTIYA AND ANOTHER
…PETITIONERS VERSUS
STATE OF HARYANA AND OTHERS ...RESPONDENTS
CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Akhil Dadwal, Advocate for the petitioners. Mr. Aaditya Pal Singh, AAG, Haryana. Mr. Sahil Nain, Advocate for Mr. Robin Sagu, Advocate for respondents No.2 and 3.
*** Shalini Singh Nagpal, J. (Oral)
Petitioners seek quashing of FIR No.0363 dated 21.12.2017 under Sections 323, 325, 452, 506 and 34 Indian Penal Code, Police Station Adampur, District Hisar, Haryana and all consequential proceedings arising therefrom including judgment and order of sentence dated 25.07.2024 and 26.07.2024 of learned Chief Judicial Magistrate, Hisar, vide which petitioners were convicted under Sections 323, 325, 452 and 506 IPC, on the basis of compromise dated 20.07.2026.
On 11.08.2026, this Court directed the parties to appear before learned trial Court/Illaqa Magistrate for recording of their statements with regard to compromise dated 20.07.2026.
In compliance of the aforesaid order, parties appeared before learned Additional District and Sessions Judge, Hisar on 14.08.2026. Statement of Investigating Officer ASI Ashok Kumar was recorded on 25.08.2026. Learned Additional District and Sessions Judge, Hisar has submitted his report recording satisfaction that all the parties have entered into a valid compromise without any influence or coercion. Point-wise report as under has been submitted:
“I. Total number of accused convicted in FIR.
Total three number of accused were convicted in FIR No. 363 of 2017 under sections 323, 325, 452, 506 read with Section of 34 IPC namely Sunil Kumar, Om Vishnu and Kapil. Accused Kapil had confessed vide judgment dated 25.10.2018.
Π Number of accused who have appeared before the Court and made statements.
Two accused namely Sunil Kumar and Om Vishnu are present before the Court and their statement was recorded.
III Whether any of the accused is an absconder/proclaimed person.
No.
IV Name(s) of the complainant and injured/aggrieved.
(i)Balwant son of Sh. Ram Singh, resident of Telanwali, Hisar.
(ii)Ram Singh son of Ramji Lal, resident of Telanwali, Hisar.
V Whether all injured aggrieved have appeared and their statements recorded.
Yes.
VI Satisfaction of the Court that compromise is genuine, voluntary, and out of free will of the parties.
This Court is of the considered view that the compromise entered into between the parties is genuine, voluntary and without any coercion and undue influence.
VII Whether any criminal case or proceedings is pending against the accused?
As per statement of ASI Ashok Kumar, apart from present FIR. FIR No 218 dated 12.09.2026 under sections 147, 148, 323, 506, 325 IPC PS Adampur was registered against accused Sunil @ Lohiya, which was decided by the Court of learned CJM, Hisar vide judgment 22.12.2023 in which accused was convicted. Accused Om Vishnu is not involved in any other FIR apart from present case.
It is humbly submitted that after general examination of the parties, I was satisfied that their compromise is genuine and has been arrived at by the parties voluntarily and out of their free will.”
Learned State counsel has not raised any dispute regarding the factum of compromise. Since the matter has been amicably resolved, continuation of the criminal proceedings would be an exercise in futility. Criminal antecedents of the accused cannot be sole consideration to decline quashing proceedings arising out of FIR.
In the case in hand, petitioners have been convicted under Section 323, 325, 452 and 506 IPC. The parties have resolved their entire dispute and have decided to put an end to the litigation. The compromise has been reached between the parties on their own volition, without any coercion or undue influence. The High Court, in the exercise of its inherent power under Section 528 BNSS, 2023/Section 482 Cr.P.C., 1973 has the discretion to quash a conviction where the parties have reached an amicable settlement, provided such compromise does not impinge upon the public interest or undermine justice (vide Ram Gopal and Another Vs. State of Madhya Pradesh, 2021(4) RCR (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of September, 2021). Considering the nature of dispute, it is a fit case to exercise discretion and to quash the proceedings in the exercise of inherent powers under Section 528 BNSS/482 Cr.P.C.
FIR No.0363 dated 21.12.2017 under Sections 323, 325, 452, 506 and 34 Indian Penal Code, Police Station Adampur, District Hisar, Haryana and all consequential proceedings arising therefrom including judgment and order of sentence dated 25.07.2024 and 26.07.2024 of learned Chief Judicial Magistrate, Hisar.
Pending applications, if any, stand disposed of.
(SHALINI SINGH NAGPAL)
JUDGE 23.09.2026