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2025 DAILYLAW 106988 (PNJ)

JARNAIL KAUR AND ANR v. STATE OF HARYANA AND ANOTHER

CRM-M/61459/2024 · 2025-07-31

Alok Jain

body2025

Judgment text

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CRM-M-61459 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (255) Jarnail Kaur and Anr State of Haryana CORAM: Present: ALOK JAIN, 1. Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.94 dated 16.09.2022 under Sections 323, 406, 498 1860, registered at Women Police Station Ambala, District Ambala (Annexure P the basis of compromise dated 21.05.2024 (Annexure P 2. settlement, the Coordinate Bench of this directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 15.01.2025 Ambala stating that the comprom voluntary and the same is without any pressure, coercion or undue influence. 61459-2024 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Jarnail Kaur and Anr. Versus Haryana and Anr. HON’BLE MR. JUSTICE ALOK JAIN **** Mr.Manu Sachdeva, Advocate for the petitioners Mr. Paras Talwar, Sr. DAG, Haryana Mr. Anuj Talwar, Advocate for respondent No. ALOK JAIN, J. (Oral) This petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.94 dated 16.09.2022 under Sections 323, 406, 498-A, 506 of the Indian Penal Code, 1860, registered at Women Police Station Ambala, District Ambala (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dated 21.05.2024 (Annexure P Keeping in view the fact that the par settlement, the Coordinate Bench of this Court vide order dated directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report .01.2025 has been received from stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-61459-2024 (O&M) Date of Decision:- 31.07.2025 ……petitioners ……Respondents ALOK JAIN , Advocate for the petitioners. Mr. Paras Talwar, Sr. DAG, Haryana , Advocate for respondent No. 2. filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.94 dated A, 506 of the Indian Penal Code, 1860, registered at Women Police Station Ambala, District Ambala ) along with all subsequent proceedings arising therefrom on the basis of compromise dated 21.05.2024 (Annexure P-2). Keeping in view the fact that the parties entered into a Court vide order dated 09.12.2024 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report has been received from Judicial Magistrate 1st Class, ise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue - .07.2025 s s filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No.94 dated A, 506 of the Indian Penal Code, 1860, registered at Women Police Station Ambala, District Ambala ) along with all subsequent proceedings arising therefrom on ties entered into a 2024 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report Class, ise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue MANJU 2025.08.01 15:32 I attest to the accuracy and integrity of this document CRM-M-61459 3. of respondent No.2 have no objection 4. amicably settled their dispute, and continuance of criminal such a situation will be an exercise in futility, as the ch are bleak. The power under Section matters. It has been held by Supreme Court of India in cases State of Punjab and another others v. State of Punja having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved themselves in a 5. 16.09.2022 under Sections 323, 406, 498 1860, registered at Women Police Station Ambala, District Ambala (Annexure P quashed qua the petitioner each petitioner period of two weeks Welfare Fund, July 31, 2025 manju Whether speaking/reasoned: Whether Reportable: 61459-2024 (O&M) Learned State counsel and learned counsel appearing on behalf of respondent No.2 admit the factum of compromise and submit that no objection in quashing of the FIR on that basis. Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal such a situation will be an exercise in futility, as the ch are bleak. The power under Section 528 BNSS matters. It has been held by Supreme Court of India in cases State of Punjab and another 2012(10) SCC 303 and others v. State of Punjab and another 2014(6) SCC 406 that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved themselves in a bona fide manner. Consequently, the present petition is allowed 16.09.2022 under Sections 323, 406, 498-A, 506 of the Indian Penal Code, 1860, registered at Women Police Station Ambala, District Ambala re P-1) and subsequent proceeding arising therefrom quashed qua the petitioners subject to cost petitioners and Rs.5,000/- to be paid by respondent No.2 two weeks from today in the account of the Welfare Fund, PGIMER, Chandigarh. , 2025 Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No -2- Learned State counsel and learned counsel appearing on behalf admit the factum of compromise and submit that they quashing of the FIR on that basis. Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal proceedings in such a situation will be an exercise in futility, as the chances of conviction 528 BNSS can be exercised in such matters. It has been held by Supreme Court of India in cases Gian Singh v. 2012(10) SCC 303 and Narinder Singh and 2014(6) SCC 406 that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved the disputes among petition is allowed. FIR No.94 dated A, 506 of the Indian Penal Code, 1860, registered at Women Police Station Ambala, District Ambala and subsequent proceeding arising therefrom, are hereby subject to costs of Rs.10,000/- to be paid by to be paid by respondent No.2 within a in the account of the Poor Patients (ALOK JAIN) JUDGE - Learned State counsel and learned counsel appearing on behalf they Perusal of the aforesaid report establishes that the parties have in ances of conviction can be exercised in such Gian Singh v. Narinder Singh and 2014(6) SCC 406 that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, s among FIR No.94 dated A, 506 of the Indian Penal Code, 1860, registered at Women Police Station Ambala, District Ambala are hereby to be paid by within a Poor Patients MANJU 2025.08.01 15:32 I attest to the accuracy and integrity of this document