[Cites 1, Cited by 0]
Punjab-Haryana High Court
Xxxxxxxxxxxx vs Xxxxxxxxxxxx on 21 April, 2026
1
CRM-M-14654-2026 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
261
CRM-M-14654-2026 (O&M)
Date of decision: 21.04.2026
VIJAY KUMAR
...PETITIONER
VERSUS
STATE OF HARYANA AND ANOTHER
...RESPONDENTS
CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL
Present: Mr. Pardeep Panwar, Advocate for the petitioner.
Mr. N.P. Chandel, AAG Haryana.
Mr. Nikhil Vats, Advocate for
Mr. S.S. Nain, Advocate for respondent No.2.
***
Shalini Singh Nagpal, J. (Oral)
1. Petitioner seeks quashing of FIR No.339 dated 23.09.2025
under Sections 78(2) and 79 of Bharatiya Nyaya Sanhita (B.N.S.), 2023
Police Station Cyber Crime District Gurugram and all consequential
proceedings arising therefrom, on the basis of compromise dated
26.02.2026.
2. On 17.03.2026, this Court directed the parties to appear before
learned trial Court/Illaqa Magistrate for recording of their statements with
regard to compromise dated 26.02.2026.
3. In compliance of the aforesaid order, parties appeared before
learned Judicial Magistrate Ist Class, Gurugram on 23.03.2026. Statement of
Investigating Officer ASI Satyawan was recorded on 09.04.2026. Learned
Judicial Magistrate Ist Class, Gurugram 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:
"In compliance of the said order, both the parties, i.e., the
accused and the complainant, appeared before this Court and were
HARPREET SINGH CHAUHAN
2026.04.21 19:26
I agree to specified portions of
this document
CRM-M-14654-2026 (O&M)
duly identified by their respective counsel. Thereafter, the statement
of the accused namely Vijay was recorded, wherein he stated that
the complainant, Ms. Shiwangi Peswani W/o Shri Rakesh Peswani,
had filed a complaint against him, on the basis of which FIR No. 339
dated 23.09.2025 under Sections 78(2), 79 of BNS, 2023 was
registered at Police Station Cyber Crime; Gurugram. He further
stated that the matter has been amicably compromised with the
complainant on 26.02.2026, without any threat, coercion or undue
influence. He also stated that in view of the said compromise, the
aforesaid FIR may kindly be quashed. The accused further stated
that he has never been declared a proclaimed offender/person in any
case by any Court of law and that, except for the present case, no
other criminal case has ever been registered against him.
On the other hand, the complainant also suffered a separate
statement to the effect that she has entered inte a compromise with
the accused: Vijay in respect of FIR No. 339 dated 23.09.2025 under
Sections 78(2), 79 of BNS, 2023, Police Station Cyber Crime,
Gurugram, voluntarily, without any pressure, threat or coercion.
She further stated that she has no objection if the aforesaid FIR is
quashed by the Hon'ble High Court. She also stated that she has
never been declared a proclaimed offender/person by any Court of
law and that she is not involved in any other criminal case. She
further stated that there is only one accused, namely Vijay, in the
present case.
Thereafter, notice was issued to the Investigating Officer for
today i.e. 09.04.2026. In pursuance of the said notice, the
Investigating Officer, namely ASI Satyawan No. 580/GGM, Police
Station Cyber Crime East, Gurugram, appeared and his statement
was recorded. He stated that in FIR No.339 dated 23.09.2025 under
Sections 78(2), 79 of BNS, 2023, the complainant is Ms. Sangeeta
Peswani and there is no other complainant involved in the case. He
further stated that there is only one accused, namely Vijay, in the
present case. He also stated that the accused has never been
declared a proclaimed offender/person in any case and that both the
parties are not involved in any other criminal case.
In view of the statements made by the parties as well as the
Investigating Officer, this Court is satisfied that the parties have
made their statements voluntarily, without any undue influence,
HARPREET SINGH CHAUHAN
2026.04.21 19:26
I agree to specified portions of
this document
CRM-M-14654-2026 (O&M)
coercion or pressure. The compromise effected between the parties
appears to be genuine, voluntary and without any coercion or undue
influence. It is further observed that there is only one accused,
namely Vijay, in the present case and no other accused is involved.
Moreover, neither the accused nor the complainant has ever been
declared a proclaimed offender/person, and no other criminal case
is stated to be pending against them."
4. Learned State counsel and learned counsel for respondent No.2
have 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.
5. Following principles of law laid down by the Full Bench
Judgment of this Court in "Kulwinder Singh and others Vs. State of Punjab
and another" 2007(3) RCR (Criminal) 1052 and Hon'ble Supreme Court in
"Gian Singh Versus State of Punjab and others" (2012) 10 SCC 303, the
petition is allowed.
6. FIR No.339 dated 23.09.2025 under Sections 78(2) and 79 of
Bharatiya Nyaya Sanhita (B.N.S.), 2023 Police Station Cyber Crime District
Gurugram and all consequential proceedings arising therefrom, are quashed
qua the petitioner, on the basis of compromise dated 26.02.2026.
7. Pending applications, if any, stand disposed of.
(SHALINI SINGH NAGPAL)
JUDGE
21.04.2026
HS.CHAUHAN
Whether Speaking/Reasoned : Yes/No
Whether Reportable : Yes/No
HARPREET SINGH CHAUHAN
2026.04.21 19:26
I agree to specified portions of
this document
