Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 18894 (PNJ)

BHUPINDER SINGH v. STATE OF PUNJAB AND ANR

CRM-M/5771/2025 · 2025-04-01

Amarjot Bhatti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRM-M-5771-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 282 CRM-M-5771-2025 Date of decision : 01.04.2025 Bhupinder Singh ...... Petitioner V/S State of Punjab and Anr. ..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI Present: Mr. Gourav Jain, Advocate for petitioner. Mr. Baljinder Singh, DAG, Punjab. Mr. Jatinder Singh, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) 1. Petitioner- Bhupinder Singh has filed instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.76 dated 20.09.2023, under Sections 406, 498-A & 506 of IPC, 1860 registered at Police Station Women, District SAS Nagar (Annexure P-1) and all subsequent proceedings arising therefrom on the basis of compromise dated 10.12.2024 (Annexure P-2). 2. As per facts of the case, complainant Kiranjot Kaur filed complaint to Senior Superintendent of Police, SAS Nagar, Mohali against her husband Bhupinder Singh alleging that she got married with Bhupinder Singh about 10 years ago. She was constantly harassed by her husband and other members of in-laws’ family. She is mother of two children. On 27.12.2021, she was given severe beating and on that account, she came to the house of her maternal uncle. She was admitted in Civil Hospital and her Medico Legal Report (MLR) was Sunil Devi 2025.04.03 10:39 I attest to the accuracy and integrity of this document CRM-M-5771-2025 -2- prepared. Her husband is not providing her expenditure and is giving entire earnings to his parents. For the last about four months, she is residing in her parental house and is facing great hardship. Ultimately, the matter was reported to the police. 3. Petitioner filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 31.01.2025, 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 Ist Class, SAS Nagar dated 12.03.2025. Statement of respondent No.2 has been recorded where she confirmed the compromise with petitioner. She confirmed that this compromise has been effected voluntarily, without any coercion or undue influence and she has no objection regarding quashing of FIR. 4. Petitioner- Bhupinder Singh also confirmed this fact in his separate statement. Statement of ASI Jasbir Singh is also recorded who confirmed that petitioner is not involved or declared as proclaimed offender in any other criminal case. Learned counsel representing State has filed status report, which is taken on record. 5. Therefore, from the report of Judicial Magistrate Ist Class, SAS Nagar, it is clear that compromise has been effected between the parties without any pressure, coercion or undue influence. They have mutually settled all their claims arisen from matrimonial dispute and started living together. They will be able to live in peace and harmony. It will end the litigation started between them. No purpose would be served with the continuation of criminal proceedings. Sunil Devi 2025.04.03 10:39 I attest to the accuracy and integrity of this document CRM-M-5771-2025 -3- 6. 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 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 abuse of the process of any court or to secure the ends of justice.’ 7. 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.76 dated 20.09.2023, under Sections 406, 498-A & 506 of IPC, 1860 registered at Police Station Women, District SAS Nagar (Annexure P-1) and all subsequent proceedings arising therefrom are quashed qua petitioner. (AMARJOT BHATTI ) JUDGE 01.04.2025. Sunil Devi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Sunil Devi 2025.04.03 10:39 I attest to the accuracy and integrity of this document