Anisha and Others v. State of Haryana and Others

I Anisha an State of H

CORAM

Present:

SUMEET

¶1Pre Suraksha Sections Dhauj, Di on the bas On 8The P-1) peti term Das DB. Not At t beha IN THE HIGH COURT OF PU AT CHANDI ***** nd and others

Versus Haryana and others M: HON'BLE MR. JUSTICE SU Ms. Tarranum Madan, Advoc Ms. Alisha Soni, Advocate, f Mr. Gurmeet Singh, AAG, H Ms. Prabhjot Kaur, Advocate Ms. Sapna Lather, Advocate, --- T GOEL, J. (ORAL) esent petition has been filed unde Sanhita, 2023 for quashing of F 148, 149, 323, 341 and 506 of isatrict Faridabad and all subseq sis of compromise dated 29.8.20

8.9.2025, the following order w e petitioners have approached this C ) and all consequential proceedings mpromise having been effected betwe itioners has submitted that all concer ms of the dicta of the Division Bench j s Vs. State of Haryana and another9,

ice of motion. this stage, Mr. Tarun Aggarwal, Addl alf of respondent No.1-State of Harya UNJAB AND HARYANA IGARH

CRM-M No.50202 of 20 Date of decision : 4.11.20

&&&&.Petitioners s

&&.Respondents UMEET GOEL cate, for for the petitioners Haryana e, for , for respondents no.2 and 3 er Section 528 of Bharatiya Naga FIR No.374 dated 21.12.2022 un f IPC, registered at Police Stat quent proceedings arising therefr 25 (Annexure P-2). was passed: Court seeking quashing of FIR (Annex emanating therefrom on the basis o een the parties. Learned counsel for rned are parties to the present petitio judgment of this Court passed in 8Rak l.AG, Haryana has put in appearance ana and accepts notice.

arik nder tion rom xure of a n in kesh 654-

Ms. sam The Afte man a co coer The afte Sapna Lather, Advocate has filed vak me be taken on record. e parties are directed to get their s mpromise in the following manner: The parties shall appear befo concerned on 15.09.2025 or a Court/Illaqa Magistrate for recor as of the complainant qua the fa such appearance is made, the tr needful for recording the stateme compromise. It shall be open to th record the statements of the pa conferencing as deemed appropri

(ii) In case the statement is to be the parties concerned shall be du by their respective counsel, subj Officer.

(iii) The trial Court/Illaqa Ma statements of the parties recorded by the Court who would be some the Bar. In case the statement is such Commissioner/Advocate sh statements to the effect that the p he/she had recorded their statem had been duly identified by their to satisfaction of trial Court/Illaqa er recording the statements of all the nner, the trial Court/Illaqa Magistrat statements so recorded as to whether ompromise and as to whether the comp mpromise and has been effected witho rcion. e trial Court/Illaqa Magistrate shall a er seeking information from Investigat

(i) Whether there is any other acc this petition?

(ii) Whether there is any other c other than the respondents, array

(iii) Whether any accused has bee kalatnama for respondent Nos.2 & 3. statements recorded qua the factum fore the trial Court/Illaqa Magist any date thereafter as fixed by t rding statements of the petitioner as w factum of compromise. As and when rial Court/Illaqa Magistrate shall do ents of the parties qua the factum of he trial Court/Illaqa Magistrate to ei arties by physical process or by vi iate by the trial Court/Illaqa Magistra e recorded by way of video conferenc uly identified through video conferenc ject to the satisfaction of the Presid agistrate may also choose to get d through some Commissioner, appoin e Advocate having sufficient standing s recorded through some Commissio hall furnish an affidavit after record parties had appeared before him/her ents as per law and that the said par respective counsel. This shall be sub a Magistrate. affected parties in either of the afores te shall submit its report on the basi r all the affected parties have entered promise in question is found to be a v out there being any kind of influence also report as regards the following f ting Officer, concerned: cused other than the petitioner, arraye complainant or affected/ aggrieved p ed in the petition? en declared Proclaimed Offender?

The m of trate trial well any f the ther ideo ate. cing, cing ding nted g at ner, ding rties bject said is of into valid e or facts ed in

The

09.1

¶3Pur Judge (Jr. received, recorded a 8i I purs Anis @ Inve befo have on r ii. T accu Naf @ S ami They of t accu Offe Cou iii. to w settl them pres stat aga furth accu iv. A Far e report be submitted before this Co

10.2025.9 rsuant to the aforesaid order, r . Division)-cum-Judicial Magis which is taken on record. As p as follows:-

In reference to the above cited subje suance of Order dated 08.09.2025 p mplainant Ruksana Begum and Abid sha, Adil, Aasib @ Asaf Aasif, Sahib, Sallam, Javed Guardian and C/o estigating Officer PSI Tejvir, Farid ore the under-signed and their state e relied upon their Aadhaar card for record. The complainant, namely, Ruksana used persons, namely, Anisha, Adil, A fees @ Nafis, Salauddin @ Sallam, Ja Sahiba suffered a statement to the ef icably with the intervention of elders ey further stated that they have entere their sweet will, without any fear, c used persons further stated that they enders/persons and no such proceedin mpetent Court of law. Both sides w unsels. The under-signed inquired from the p which they stated at bar, in consonan led their dispute by entering into a co m. The said compromise has been ssure, with the intervention of respe ed that all their disputes have been inst each other. The complainant Ru her stated that they have no objectio used are quashed by the Hon'ble High As per the statement of Investigating O ridabad, No proclaimed offender/pers ourt before the next date of hearing report dated 19.9.2025 from C strate Ist Class, Faridabad has b per the report, the Trial Court ect, I have the honour to submit tha passed by the Hon'ble High Court, (Injured person) and accused, nam Raju, Shahid, Nafees @ Nafis, Salaud o Anisha and Saiba @ Sahiba dabad P.S Dhauj, Faridabad appea ements have been recorded. The par identification, copies of which are pla Begum and Abid (Injured Person) Aasib @ Asaf Aasif, Sahib, Raju, Sha aved Guardian and C/o Anisha and Sa ffect that they have settled their disp s and respectable persons of the soci ed into a compromise with each other coercion or pressure from anyone. y have never been declared Proclaim ngs are pending against them before were duly identified by their respec parties about the factum, of comprom nce with their statements, that they h ompromise which is acceptable to bot n effected voluntarily and without ectable persons of society. They fur n put to rest and they have no gru uksana Begum and injured person A on if the proceedings of this case qua h Court. Officer PSI Tejvir, Faridabad P.S Dh son proceedings are pending against

i.e. Civil een has at in mely, ddin ared rties aced ahid, aiba pute iety. r out The med any ctive mise have th of any rther udge Abid a the hauj,

of th filed Sah C/o inju v. T genu influ pers Raju Anis care part vi. accu Naf @ S are Cou

¶4Lea parties ha impugned

¶5Sim case the i matter am

¶6I ha through th

¶7Thi exercise o in non-co Punjab a State of P he parties. FIR has been lodged again d against 10 accused persons, nam ib, Raju, Shahid, Nafees @ Nafis, Sa Anisha and Saiba @ Sahiba. Apa ured Abid, there is no other affected pa The under-signed is of the considered uine and has been reached at volu uence between the complainant, nam son) and accused persons, namely, A u, Shahid, Nafees @ Nafis, Salaudd sha and Saiba @ Sahiba. Further, the d without any threat, inducement, coer eful scrutiny of material on record ties in this regard, the compromise ap Statements of the complainant Ruksan used persons, namely, Anisha, Adil, A fees @ Nafis, Salauddin @ Sallam, Ja Sahiba and Investigating Officer PSI T enclosed with the present report in c urt dated 08.09.2025.9 arned counsel for respondents aving compromised and states th d order is quashed. milarly, learned State counsel ha impugned order is quashed as micably. ave heard learned counsel for th he records of the case. is Court and Apex Court has r of jurisdiction under Section 482 ompoundable offences in the c and another, 2012 (10) SCC 30 Punjab & another, 2007 (3) RCR nst 10 persons, and final report has b ely, Anisha, Adil, Aasib @ Asaf Aa alauddin @ Sallam, Javed Guardian art from the complainant Ruksana arty. d view that the compromise appears to untarily, without any pressure or un mely, Ruksana Begum and Abid (Inju Anisha, Adil, Aasib @ Asaf Aasif, Sa din @ Sallam, Javed Guardian and ey have made their statements volunta rcion or undue influence. Hence, from and upon reasonable inquiry from ppears to be genuine and voluntary. na Begum and Abid (Injured person) Aasib @ Asaf Aasif, Sahib, Raju, Sha aved Guardian and C/o Anisha and Sa Tejvir, Faridabad P.S Dhauj, Faridab compliance of Order of the Hon'ble H No.2 and 3 admits the factum hat he has no objection in case as stated that he has no objection the parties have compromised he parties and have carefully go repeatedly dealt with the issue 2 of the Code to quash proceed cases of Gian Singh vs. State 03, Kulwinder Singh & others R (Criminal) 1052 and Ram Gop

been asif, o be ndue ured ahib, C/o arily m the ahid, aiba bad, High m of n in one e of ding e of vs.

and anoth (Criminal The propo by Apex C

¶8this Cour jurisdictio her vs. State of Madhya Prades l Appeal No.1489 of 2012 deci osition of law that emerges from Court and this Court is:

(a) Power u/s 482 Cr.P.C. ves and is unaffected by Section 320

(b) However, wider the power g

(c) The underlining principle wh can be invoked to quash the pr between the parties in the matt predominantly of civil characte arising out of matrimonial relat

(d) The said power is not to involving heinous and serious offences like murder, rape, dac private in nature and have a ser

(e) Section 482 Cr.P.C. casts du interest of justice as well. It is upon the High Court, that Ape would not refuse to quash FIR FIR finds mention thereof. H injuries sustained, whether such parts of the body/nature of weap

(f) Such exercise at the hands of only after the evidence is collec sheet is filed/ charges framed cannot be carried out while the

(g) While quashing FIR in non-are private in nature, High antecedents of the accused, con was absconding or whether he enter into a compromise. Thus, keeping in view the rt is of the considered opinion on vested u/s 528 of BNS, 2023 t

(i) Putting a quietus to the tranquility amongst partie cause of substantial justice

(ii) The offences alleged ar sh, 2021 (4) R.C.R. (Criminal) 3 ided on 29th of September, 202 m the aforesaid decisions rende sted with this Court is much wi 0 of the Code. greater the caution. hile exercising such power is tha roceedings recognizing comprom ters which are overwhelmingly a er like commercial transactions tionship or family disputes. be exercised in the prosecuti s offences of mental depravity coity etc. as such offences are rious impact on society. uty upon the High Court to adva s in recognition of this duty cas ex Court held that the High Co under Section 307 merely beca High Court can assess nature h injuries inflicted on vital/delic pons used etc. of High Court would be permissi cted after investigation and char d during the trial. Such exerc matter is still under investigatio -compoundable offences even wh Court is required to consi nduct of the accused and whether e has managed the complainant aforesaid facts and circumstanc n that it is a fit case to exerc to quash the FIR as :- e proceedings will bring peace a es & will accordingly further e. re primarily of private nature.

21). ered ider at it mise s or ons or not nce sted ourt ause of cate ible rge-cise on. hich ider r he t to ces,

CRM-M No.50202 of 2025 -6-

(iii) The parties have compromised.

(iv) As per the report received the compromise is said to be voluntary in its nature.

(v) Complainant/victim is reported to have entered into compromise on his own volition.

9 Consequently, the petition is allowed. FIR No.374 dated 21.12.2022 under Sections 148, 149, 323, 341 and 506 of IPC, registered at Police Station Dhauj, Disatrict Faridabad and all consequent proceedings arising therefrom, on the basis of compromise dated 29.8.2025, are, hereby, quashed qua the petitioners.

(SUMEET GOEL) JUDGE

4.11.2025 Ashwani o o Whetherospeaking/reasoned:oo Yes/Noo o