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2023 DAILYLAW 5507 (PNJ)

SEEMA DEVI AND ORS v. STATE OF HARYANA AND ANR

CRM-M/26473/2026 · 2026-05-27

Rupinderjit Chahal

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-26473 IN THE HIGH COURT OF PUNJAB & HARYANA 322 SEEMA DEVI AND ORS STATE OF HARYANA AND ANR CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Rajesh K. Dhankhar, for the petitioners. Mr. Vishal Singh, Asstt. A.G., Haryana. Mr. Rajesh Sharma, for respondent No.2. RUPINDERJIT CHAHAL, J. 1. This is a petition filed under Section Suraksha Sanhita (BNSS), 2023 28.07.2024, under Sections 351(2), 78, 96 BNS and Section 12 of POCSO Act (dropped during investigation by police) of the Prohibition of Child Marriage Act, 2006 Justice (Care and Protection of Children) Act 2015, registered at Police Station Jhojhu Kalan, District Charkhi Dadri (Annexure P consequential dated 20.04.2026 26473-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: SEEMA DEVI AND ORS Versus STATE OF HARYANA AND ANR HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Rajesh K. Dhankhar, Advocate for the petitioners. Mr. Vishal Singh, Asstt. A.G., Haryana. Mr. Rajesh Sharma, Advocate for respondent No.2. ***** RUPINDERJIT CHAHAL, J. (ORAL) This is a petition filed under Section Suraksha Sanhita (BNSS), 2023, for quashing of 28.07.2024, under Sections 351(2), 78, 96 BNS and Section 12 of POCSO (dropped during investigation by police) (ch Prohibition of Child Marriage Act, 2006 Justice (Care and Protection of Children) Act 2015, registered at Police Station Jhojhu Kalan, District Charkhi Dadri (Annexure P proceedings arising therefrom on the basis of compromise 20.04.2026 (Annexure P-3). IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-26473-2026 Date of decision: 27.05.2026 ….Petitioners ....Respondents HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Advocate Mr. Vishal Singh, Asstt. A.G., Haryana. This is a petition filed under Section 528 Bharatiya Nagarik for quashing of FIR No.135, dated 28.07.2024, under Sections 351(2), 78, 96 BNS and Section 12 of POCSO (challan presented only u/s 11, 9 Prohibition of Child Marriage Act, 2006 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act 2015, registered at Police Station Jhojhu Kalan, District Charkhi Dadri (Annexure P-2) and proceedings arising therefrom on the basis of compromise s ....Respondents Bharatiya Nagarik FIR No.135, dated 28.07.2024, under Sections 351(2), 78, 96 BNS and Section 12 of POCSO allan presented only u/s 11, 9 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act 2015, registered at Police and proceedings arising therefrom on the basis of compromise GURPREET 2026.05.29 17:20 I attest to the accuracy and authenticity of this document. CRM-M-26473 2. CRM-M-26473 2. This parties to appear before the Illaqa/Duty Magistrate to get their statements recorded and the genuineness of the compromise. 3. Pursuant to the aforesaid order, parties Judicial Magistrate First Class recorded. On the basis of Class, Charkhi Dadri, the compromise has been effected between the parties voluntarily and without any coercion or undue influence. 4. Learned S have not disputed the factum of compromise between the parties. 5. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 6. Following the principles laid down by the Full Bench judgment of this Court in another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others (2012 petition is allowed and 78, 96 BNS and Section 12 of POCSO Act (dropped during investigation by police) (challan presented only u/s 11, 9 of the Prohibition of Child Marriage Act, 2006 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act 2015, registered at Police Station Jhojhu Kalan, District Charkhi Dadri (Annexure P 26473-2026 2 This Court vide its order dated parties to appear before the Illaqa/Duty Magistrate to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. Pursuant to the aforesaid order, parties Judicial Magistrate First Class, Charkhi Dadri, recorded. On the basis of the statements so recorded, , Charkhi Dadri, has submitted report dated the compromise has been effected between the parties voluntarily and without any coercion or undue influence. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. Following the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others (2012 petition is allowed and FIR No.135, dated 28.07.2024, under Sections 351(2), 78, 96 BNS and Section 12 of POCSO Act (dropped during investigation by police) (challan presented only u/s 11, 9 of the Prohibition of Child Marriage and Section 75 of the Juvenile Justice (Care and Protection of Children) Act 2015, registered at Police Station Jhojhu Kalan, District Charkhi Dadri (Annexure P-2) and consequential order dated 11.05.2026 had directed the parties to appear before the Illaqa/Duty Magistrate to get their statements learned Magistrate was directed to send its report qua the Pursuant to the aforesaid order, parties have appeared before , Charkhi Dadri, and got their statements the statements so recorded, Judicial Magistrate First has submitted report dated 21.05.2026 to the effect that the compromise has been effected between the parties voluntarily and without tate counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. Following the principles laid down by the Full Bench judgment Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this FIR No.135, dated 28.07.2024, under Sections 351(2), 78, 96 BNS and Section 12 of POCSO Act (dropped during investigation by police) (challan presented only u/s 11, 9 of the Prohibition of Child Marriage and Section 75 of the Juvenile Justice (Care and Protection of Children) Act 2015, registered at Police Station Jhojhu Kalan, District consequential proceedings arising had directed the parties to appear before the Illaqa/Duty Magistrate to get their statements learned Magistrate was directed to send its report qua the have appeared before and got their statements Judicial Magistrate First to the effect that the compromise has been effected between the parties voluntarily and without tate counsel as well as counsel for respondent No.2 In view of the above, no useful purpose would be served to Following the principles laid down by the Full Bench judgment Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court , this FIR No.135, dated 28.07.2024, under Sections 351(2), 78, 96 BNS and Section 12 of POCSO Act (dropped during investigation by police) (challan presented only u/s 11, 9 of the Prohibition of Child Marriage and Section 75 of the Juvenile Justice (Care and Protection of Children) Act 2015, registered at Police Station Jhojhu Kalan, District proceedings arising GURPREET 2026.05.29 17:20 I attest to the accuracy and authenticity of this document. CRM-M-26473 therefrom on the basis of compromise dated quashed. 7. Pending miscellaneous application(s), if any, stand(s) disposed of, accordingly. 27.05.2026 Gurpreet 26473-2026 3 therefrom on the basis of compromise dated Pending miscellaneous application(s), if any, stand(s) disposed of, accordingly. i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No therefrom on the basis of compromise dated 20.04.2026 (Annexure P-3) are Pending miscellaneous application(s), if any, stand(s) disposed (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No are Pending miscellaneous application(s), if any, stand(s) disposed (RUPINDERJIT CHAHAL) GURPREET 2026.05.29 17:20 I attest to the accuracy and authenticity of this document.