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2025 DAILYLAW 23653 (PNJ)

MOHAN KUMAR MISHRA v. STATE OF HARYANA AND ANOTHER

CRM-M/7810/2025 · 2025-05-26

Amarjot Bhatti

body2025

Judgment text

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CRM CRM CRM CRM----M M M M----7810 7810 7810 7810----2025 2025 2025 2025 (O&M) ----1111---- 284 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 CRM CRM CRM----M M M M----7810 7810 7810 7810----2025 2025 2025 2025 (O&M) Date of Decision:- 26.05.2025 MOHAN KUMAR MISHRA ....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. Nishant Chauhan, Advocate for the applicant/petitioner. Mr. Sulinder Kumar, DAG, Haryana. Mr. Pradeep Chokkar, 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.1065 dated 24.10.2018 under Sections 323, 34, 406, 498-A and 506 of IPC registered at Police Station Model Town, District Panipat and all consequential proceedings arising therefrom on the basis of statement of compromise dated 21.12.2024 (Annexure P-2). 2. As per facts of the case, complainant Shampy Rani filed written complaint alleging that her marriage was performed with Mohan Kumar Mishra on 26.04.2016. Her husband and father-in-law had raised demand of Rs.5 lakhs in cash in dowry. Despite this demand, her father had given silver SANDEEP KUMAR 2025.05.28 10:43 I attest to the accuracy and integrity of this document CRM CRM CRM CRM----M M M M----7810 7810 7810 7810----2025 2025 2025 2025 (O&M) ----2222---- and gold jewellery and other household articles at the time of marriage. Soon after marriage, her husband and in-laws family started finding faults in her. During this period she conceived and even then she was beaten up and tortured. They were insisting to abort the child to which she refused. She gave birth to a baby girl and came to the matrimonial home. Nobody took care of the child despite her medical problem. Thereafter, her husband started raising demand for Bullet motorcycle, otherwise, she will not be kept in a matrimonial home. While travelling by train, she was pushed from the train by some unknown persons and had suffered injuries. All medical expenditure was borne by her parents. Nobody took care of her. Finally, she filed this complaint. 3. Petitioner filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 11.02.2025, 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, Panipat 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 without any pressure, coercion or undue influence and she has no objection regarding quashing of FIR. 4. Learned State counsel filed status report through Registry, which is taken on record, subject to just exceptions. 5. Petitioner – Mohan Kumar also confirmed this fact in his SANDEEP KUMAR 2025.05.28 10:43 I attest to the accuracy and integrity of this document CRM CRM CRM CRM----M M M M----7810 7810 7810 7810----2025 2025 2025 2025 (O&M) ----3333---- statement. Statement of SI Bijender Singh 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, Panipat, 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.1065 dated 24.10.2018 under Sections 323, 34, 406, 498-A and 506 of IPC registered at Police Station Model Town, District Panipat (Annexure P-1) and all subsequent proceedings arising therefrom are quashed qua petitioner. SANDEEP KUMAR 2025.05.28 10:43 I attest to the accuracy and integrity of this document CRM CRM CRM CRM----M M M M----7810 7810 7810 7810----2025 2025 2025 2025 (O&M) ----4444---- 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