Extracted from the PDF above. The PDF is authoritative.
CRM-M-6998-2025
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
250
CRM-M-6998-2025
Date of decision : 07.08.2025 Manish Sharma ...... Petitioner
V/S
State of Punjab and Anr. ..... Respondents
CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI
Present: Mr. Barjesh K.Sharma, Advocate for petitioner. Mr. Gurpreet Singh, Senior DAG, Punjab. Mr. Avi Karan Bansal, Advocate for Mr. Deepak Gupta, Advocate for respondent No.2. ****
AMARJOT BHATTI J. (ORAL)
1. Petitioner – Manish Sharma has filed second petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.30 dated 10.04.2024, registered under Section 406, 498-A of IPC 1860 at Police Station Women, District Ludhiana (Annexure P-1) and all the subsequent proceedings arising therefrom, qua the petitioner, in light of the compromise effected between the parties dated 20.08.2024 (Annexure P-2). 2. As per facts of the case, complainant/respondent No.2 Shivani Grover filed written complaint against her husband Munish Sharma and other members of in-laws family regarding harassment on account of demand of dowry. She got married with Munish Sharma on 28.09.2022. Her parents had performed marriage by spending huge amount. They had given gold ornaments, shagun and other articles as detailed in the FIR. All her dowry articles were entrusted to her SUNIL DEVI 2025.08.08 10:03 I attest to the accuracy and integrity of this document
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in-laws as her Istridhan. When she reached her in-laws house, she was not treated properly. They started taunting her for not bringing sufficient dowry. On the pretext of keeping her articles in safe custody, the same were taken from her. There were often quarrels in the family regarding bringing less dowry. The other accused interfered in her married life. She tried to adjust in the matrimonial home but the behaviour of accused persons became worst. Her husband used to abuse her under the influence of liquor. Her entire in-laws family was against her. Finally, 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 02.05.2025, 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, Ludhiana dated 12.05.2025. 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- Manish Sharma also confirmed this fact in his statement. Statement of ASI Gurmail Singh is also recorded who confirmed that petitioner is not involved or declared as proclaimed offender in any other criminal case. 5. Therefore, from the report of Judicial Magistrate Ist Class, Ludhiana it is clear that the compromise has been effected between the parties without any pressure, coercion or undue influence, which is acceptable to both the parties. They have mutually settled all their claims arisen from matrimonial dispute. They have filed joint petition under Section 13-B of Hindu Marriage Act. Matter has SUNIL DEVI 2025.08.08 10:03 I attest to the accuracy and integrity of this document
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been settled in Rs.2,50,000/-. Thereafter, they will be able to live independently in peace and harmony. It will end the litigation started between them. 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.30 dated 10.04.2024, registered under Section 406, 498-A of IPC 1860 at Police Station Women, District Ludhiana (Annexure P-1) and all subsequent proceedings arisen therefrom are quashed qua petitioner. (AMARJOT BHATTI )
JUDGE
07.08.2025. Sunil Devi
Whether speaking/reasoned: Yes/No
Whether Reportable:
Yes/No SUNIL DEVI 2025.08.08 10:03 I attest to the accuracy and integrity of this document