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2025 DAILYLAW 14990 (PNJ)

AMIT SHARMA v. STATE OF HARYANA AND ANOTHER

CRM-M/3300/2025 · 2025-05-26

Amarjot Bhatti

body2025

Judgment text

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CRM-M-3300-2025 (O&M) ----1111---- 287 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH CRM-M-3300-2025 (O&M) Date of Decision:- 26.05.2025 AMIT SHARMA ....Petitioner Vs. STATE OF HARYANA AND ANOTHER STATE OF HARYANA AND ANOTHER STATE OF HARYANA AND ANOTHER STATE OF HARYANA AND ANOTHER ...Respondents CORAM: CORAM: CORAM: CORAM:---- HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Nikhil Chopra, Advocate for the petitioner. Ms. Ambika Sood, Addl. A.G, Haryana. Mr. Ankit Saini, Advocate for Mr. Shubham, Advocate for respondent No.2. AMARJOT BHATTI, J. AMARJOT BHATTI, J. AMARJOT BHATTI, J. AMARJOT BHATTI, J. 1. Petitioner has filed instant petition for quashing of FIR No.104 dated 17.05.2023 under Sections 323, 342, 354, 498-A and 506 of IPC (Annexure P-1) registered at Police Station Babain, District Kurukshetra and all consequential proceedings arising therefrom on the basis of compromise dated 13.01.2025 (Annexure P-3). 2. As per facts of the case, Sapna Rani complainant filed written complaint against her husband Amit Sharma and others members of in-laws family. She alleged that her marriage was solemnized with Amit Sharma on SANDEEP KUMAR 2025.05.28 10:43 I attest to the accuracy and integrity of this document CRM-M-3300-2025 (O&M) ----2222---- 15.01.2023 according to Hindu Rites. Her parents had given dowry beyond their capacity. She was given gold, silver jewellery and cash amount as per their demand. Her husband was working with TCS Noida who had sent him to England. Her husband had come to India for the purpose of marriage. She came to her in-laws house. Their marriage was registered for taking her to England. All her original documents were kept by the accused persons. They started raising demand for Rs.10 lakhs then she would be sent to England. On her refusal, she was beaten up. She was ill-treated in the matrimonial home. On 31.01.2023, her brother and his wife came to meet her and then she came to know that her husband had already gone to England without telling her. All accused persons refused to keep her in the matrimonial home and even threatened to kill her. FIR was registered on the basis of contents of complaint. 3. Petitioner filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 23.01.2025, petitioner and respondent No.2 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise. Detailed report regarding compromise has been received from the Court of Judicial Magistrate 1st Class, Shahabad dated 15.02.2025. Statement of respondent No.2 has been recorded, where she confirmed the compromise with petitioner. She confirmed that this compromise has been effected without any pressure, coercion or undue influence and she has no objection regarding quashing of FIR. SANDEEP KUMAR 2025.05.28 10:43 I attest to the accuracy and integrity of this document CRM-M-3300-2025 (O&M) ----3333---- 4. Learned State counsel filed status report through Registry, which is taken on record, subject to just exceptions. 5. Petitioner –Amit Sharma also confirmed this fact in his statement. Statement of L/ASI Mamta Rani is also recorded who further confirmed that accused is not proclaimed offender in this case. 6. Therefore, from the report of Judicial Magistrate 1st Class, Shahabad, it is clear that compromise has been effected between the parties amicably. They have mutually settled all their claims arisen from matrimonial dispute. They will be able to live in peace and harmony. Parties have decided to part their ways. No purpose would be served with the continuation of criminal proceedings. 7. Gainful reference can be made to the judgment of Larger Bench of Five Judges of this High Court cited in 2007(3) R.C.R. (Criminal) 1052 2007(3) R.C.R. (Criminal) 1052 2007(3) R.C.R. (Criminal) 1052 2007(3) R.C.R. (Criminal) 1052 tilted as Kulwinder Singh and Ors. Vs. State of Punjab and Anr., tilted as Kulwinder Singh and Ors. Vs. State of Punjab and Anr., tilted as Kulwinder Singh and Ors. Vs. State of Punjab and Anr., tilted as Kulwinder Singh and Ors. Vs. State of Punjab and Anr., where it was explained that ‘there can never be any hard and fast category which can be prescribed to enable the court to exercise its power under Section 482 of Cr.P.C. The only principle that can be laid down is the one which has been incorporated in the section itself i.e. to prevent the abuse of the process of any court or to secure the ends of justice.’ 8. Therefore, by relying upon the ratio of the aforesaid judgment, no purpose would be served with the continuation of criminal proceedings. Considering these facts, the petition filed by the petitioner is accepted and FIR No.104 dated 17.05.2023 under Sections 323, 342, 354, 498-A and 506 SANDEEP KUMAR 2025.05.28 10:43 I attest to the accuracy and integrity of this document CRM-M-3300-2025 (O&M) ----4444---- of IPC (Annexure P-1) registered at Police Station Babain, District Kurukshetra and all subsequent proceedings arising therefrom are quashed qua petitioner. 9. Pending miscellaneous application(s), if any, stand disposed of accordingly as well. (AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI) JUDGE JUDGE JUDGE JUDGE 26.05.2025 snd Whether speaking/reasoned : Yes/No. Whether reportable : Yes/No SANDEEP KUMAR 2025.05.28 10:43 I attest to the accuracy and integrity of this document