Extracted from the PDF above. The PDF is authoritative.
CRM-M-12323-2025
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 270
CRM-M-12323-2025
Date of decision : 05.08.2025 Satnam Dev
...... Petitioner
V/S State of Punjab and Anr. ..... Respondents
CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI
Present: Mr. Sumit Dua, Advocate for Mr. Varun Goyal, Advocate for petitioner. Ms. Amrit Kaur Mahir, AAG, Punjab. Mr. Brahmjot Singh Nahar, Advocate for respondent No.2. ****
AMARJOT BHATTI J. (ORAL)
1. Petitioner – Satnam Dev has filed this petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No. 249 dated 29.11.2017, registered under Section 498-A of IPC 1860 at Police Station Maqsudan, District Jalandhar Rural (Annexure P-1) and all the subsequent proceedings arising therefrom, qua the petitioner, in light of the compromise effected between the parties dated 14.11.2024 (Annexure P-3). 2. As per facts of the case, complainant/respondent No.2 Neeru Bala filed written complaint against Satnam Dev and others, alleging that her marriage was performed with Satnam Dev on 06.02.2013. Her father had spent Rs.20 Lacs on her marriage. After marriage, she realized that the facts narrated about her husband were false. He used to consume non-veg and alcohol. She was being illtreated for bringing less dowry. Her husband wanted to go to Canada. She lived in the matrimonial home with the hope that their behaviour will change. On SUNIL DEVI 2025.08.08 09:35 I attest to the accuracy and integrity of this document
CRM-M-12323-2025
-2-
03.09.2013, her husband came to pick her up from her parental house and he started quarrelling with her family. On reaching her in-laws' house, all her belongings were thrown in a dilapidated room. She was being forced to bring Rs.20 Lacs as they wanted to send her husband to Canada. She was continuously illtreated and abused in the matrimonial home. During her pregnancy, she was turned out of the house. She gave birth to a son on 11.06.2014. Her medical expenditure was borne by her brother. She was continuously compelled to satisfy their demand for cash of Rs.20 Lacs. Finally, the matter was reported to the police and present FIR was registered. 3. Petitioner filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 06.03.2025, 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, Jalandhar dated 01.05.2025. 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- Satnam Dev also confirmed this fact in his statement. Statement of ASI Amrik Singh is also recorded who confirmed that petitioner is not involved in any other criminal case. He was declared proclaimed offender in the present FIR. He filed petition bearing No.CRM-M-12424-2023 and the P.O.
order was set aside. He was granted interim bail vide order dated 18.04.2024 (Annexure P-2).
SUNIL DEVI 2025.08.08 09:35 I attest to the accuracy and integrity of this document
CRM-M-12323-2025
-3-
5.
Therefore, from the report of Judicial Magistrate Ist Class, Jalandhar 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 decided to part ways by filing joint petition under Section 13-B of Hindu Marriage Act. Matter has been settled in Rs.11,25,000/-. 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. 249 dated 29.11.2017, registered under Section 498-A of IPC 1860 at Police Station Maqsudan, District Jalandhar Rural (Annexure P-1) and all subsequent proceedings arisen therefrom are quashed qua petitioner.
(AMARJOT BHATTI )
JUDGE
05.08.2025.
Sunil Devi
Whether speaking/reasoned: Yes/No
Whether Reportable:
Yes/No SUNIL DEVI 2025.08.08 09:35 I attest to the accuracy and integrity of this document