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2025 DAILYLAW 25224 (PNJ)

JASPREET SINGH v. STATE OF HARYANA AND ANOTHER

CRM-M/9058/2025 · 2025-03-28

Amarjot Bhatti

body2025

Judgment text

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CRM-M-9058-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 250 CRM-M-9058-2025 Date of decision : 28.03.2025 Jaspreet Singh ...... Petitioner V/S State of Haryana and Anr. ..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI Present: Mr. Bhupinder Ghai, Advocate for petitioner. Ms. Nidhi Garg, AAG, Haryana. Mr. Dheeraj Kumar, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) 1. Petitioner- Jaspreet Singh has filed instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 482 Cr.P.C.) for quashing of FIR No.81 dated 28.06.2018, under Sections 323, 34, 406, 498-A, 506 of IPC, 1860 registered at Women Police Station Gurgaon, District Gurugram (Annexure P-1) and all subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2). 2. As per facts of the case, complainant Arwinder Kaur filed written complaint against her husband Jaspreet Singh and other members of in-laws family levelling allegations of demand of dowry, physical and mental torture. She had sent her photographs regarding physical torture to her parents who are settled in Canada and also sent photographs to her sister through WhatsApp. Her father lodged complaint by sending e-mail to the top Police Officer in Gurgaon. She was rescued by the police party. Under pressure a compromise was written. Sunil Devi 2025.04.01 11:00 I attest to the accuracy and integrity of this document CRM-M-9058-2025 -2- All her valuables are in the possession of her in-laws. The complainant requested for protection for herself and for her kids from the hands of accused persons. With these allegations, present FIR has been registered. 3. Petitioner filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 17.02.2025, 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 Ist Class, Gurugram dated 01.03.2025. 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. Learned counsel representing State has filed status report, which is taken on record. 4. Petitioner- Jaspreet Singh also confirmed this fact in his separate statement. Statement of HC Pinki 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, Gurugram, 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. 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 Sunil Devi 2025.04.01 11:00 I attest to the accuracy and integrity of this document CRM-M-9058-2025 -3- 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.81 dated 28.06.2018, under Sections 323, 34, 406, 498-A, 506 of IPC, 1860 registered at Women Police Station Gurgaon, District Gurugram (Annexure P-1) and all subsequent proceedings arising therefrom are quashed qua petitioner. (AMARJOT BHATTI ) JUDGE 28.03.2025. Sunil Devi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Sunil Devi 2025.04.01 11:00 I attest to the accuracy and integrity of this document