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High Court of Punjab and Haryana · body

2022 DAILYLAW 3055 (PNJ)

SUNITA DEVI AND OTHERS v. STATE OF HARYANA AND OTHERS

CRM-M/30209/2026 · 2026-08-07

Sumeet Goel

body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

!"#$%"&'('#)*07+,+ !"#$-.# %')/*07+,+ * 01+ 1 ! "!! " #$ %%%%% 1 2+ 1 & ' ( ) *$+,#)) $-$./ 0123#$&$ -4-4$-$$ ) 5$-564 56+54&270 ) ) 8"" / 0 0 ( &+-*$-$69 :;$< ( ( $ = $6-*$-$6 0 “This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.212, dated 07.07.2022 under Sections 420, 467, 468 and 471 of Indian Penal Code registered at Police Station Sahlawas, District Jhajjar and all subsequent proceedings arising therefrom on the basis of the compromise dated 18.05.2026. JATIN 2026.08.07 13:52 I attest to the accuracy and integrity of this document Notice of motion. On the asking of the Court, Mr. B.S. Saroha, DAG, Haryana appears and accepts notice on behalf of the respondent-State and Mr. Pankaj Kaushik, Advocate appears on behalf of respondent No.2 and admits that the compromise has been effected between the parties. In view of the submissions made on behalf of the parties, they are directed to appear before the Illaqa Magistrate for recording their statements qua the compromise within a period of 15 days. The trial Court/Illaqa Magistrate is directed to record the statements of the parties and submit a report on or before the next date of hearing containing the following information:- 1. Number of persons arrayed as accused. 2. Whether any accused is proclaimed offender? 3. Whether the compromise is genuine, voluntary and without any coercion or undue influence? 4. Whether the accused persons are involved in any other FIR or not? 5. The trial Court is also directed to record the statement of the Investigating Officer as to how many victims/complainants are there in the FIR. Adjourned to 29.07.2026.” . ->-6$-$6 80 2 78""( '7 ; “i) On the basis of the statements of the parties, as referred above and as per statement of ASI Jagbir Singh, undersigned is of the view that total six persons namely Manju, Sarmila, Nirmla Devi, Sunita─ Devi, Jagvinder and Sadhu Ram have been arrayed as accused. ii) Accused persons namely Manju Sarmila, Nirmļa Devi, Sunita Devi, Jagvinder and Sadhu Ram have not been declared proclaimed offender/person in this case. (iii) On the basis of the statements of the parties, as referred above. undersigned is of the view that the compromise is genuine, voluntary and without any coercion or undue influence. (iv) Accused persons namely Manju Sarmila, Nirmla Devi, Sunita Devi, Jagvinder and Sadhu Ram are not involved in any other FIR. (v) There is only one complainant/victim namely Sunil Kumar in this FIR.” JATIN 2026.08.07 13:52 I attest to the accuracy and integrity of this document 5 ? #$ (" 123 0(/ 0 / * )! ) (" 123/( 9 :;$< 6 2 7 ! 0 0 4 '7 @( :7 ! :" ) 5+$ 7 / 0 ; ( !" #$% & & ' !" ! ( $" ) ( *$ + !," ! ( $" ! ( $ -**$ .,/ 0 *( "' 0 (! @( :7 7 (a) Power u/s 482 Cr.P.C. vested with this Court is much wider and is unaffected by Section 320 of the Code. (b) However, wider the power greater the caution. (c) 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. JATIN 2026.08.07 13:52 I attest to the accuracy and integrity of this document , (d) 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. (e) 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. (f) Such exercise at the hands of High Court would be permissible only after the evidence is collected after investigationand chargesheet is filed/charges framed during the trial. Such exercise cannot be carried out while the matter is still under investigation. (g) 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. ' ! ) *$+,#))$-$. ! ) 5+$77&>4.' ( ! ) *$+ ,#))$-$. JATIN 2026.08.07 13:52 I attest to the accuracy and integrity of this document ) + ' 0 7 : " *$+,#))$-$. / 123; (i) Putting a quietus to the proceedings will bring peace and tranquility amongst parties & will accordingly further the cause of substantial justice. (ii) The offences alleged are primarily of private nature. (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. > 7 / ! 123#$&$ -4-4$-$$ ) 5$-56456+54&270 ) ) 8"" / 0 0 ( &+-*$-$69 :;$<(!/ &- 0 9< ! 1 07+,+ jatin A 0 B# A ( B# JATIN 2026.08.07 13:52 I attest to the accuracy and integrity of this document