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2025 DAILYLAW 31985 (PNJ)

PARVEEN KUMAR AND OTHERS v. STATE OF HARYANA AND ANOTHER

CRM-M/13066/2025 · 2025-07-03

Amarjot Bhatti

body2025

Judgment text

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CRM-M-13066-2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 270 CRM-M-13066-2025 (O&M) Date of decision : 03.07.2025 Parveen Kumar and Ors. ...... Petitioners V/S State of Haryana and Anr. ..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI Present: Mr. Arjun Dhingra, Advocate for petitioners. Mr. Sulinder, DAG, Haryana. Ms. Kajal Chauhan, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) 1. Petitioners- Parveen Kumar, Sanjeev Kumar, Rameshwar Dass @ Ishwar, Darshani Devi and Usha Rani @ Deepa have filed instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.0489 dated 08.06.2022, under Sections 323, 354-A, 406, 498-A, 506 and 377 of IPC 1860, (Sections 354-A and 377 of IPC were deleted later on), registered at Police Station Indri, District Karnal (Annexure P-1) and all subsequent proceedings arisen therefrom on the basis of compromise dated 10.02.2025 (Annexure P-2). 2. As per facts of the case, complainant Sunita Devi @ Kajal has filed written complaint against her husband Parveen Kumar and other members of in- laws family alleging that her marriage was performed with Parveen Kumar on 11.10.2019. She was given dowry articles consisting of furniture, gold and silver jewellery, clothes and other items. Her husband was doing private job. After SUNIL DEVI 2025.07.07 10:22 I attest to the accuracy and integrity of this document CRM-M-13066-2025 (O&M) -2- marriage, she was taunted by her in-laws family for bringing less dowry. There was demand for a motorcycle. She tolerated the behaviour of her in-laws family to save her marriage. The atrocities increased with the passage of time. Her husband forced her to bring Rs.50,000/- from her father. Finally, she disclosed everything to her parents. Her in-laws family gave assurance to keep her properly in the matrimonial home, however, their misbehaviour continued. During this period, she conceived. Even then, she was not given proper treatment. She was not allowed to live in the matrimonial home peacefully. There was constant pressure to bring money from her parental house. On the birth of baby girl, they started taunting her all the more. In January 2021, she was beaten up and turned out of the matrimonial home. Matter was again reconciled and she was taken back in the matrimonial home. She has narrated various incidents which took place in the matrimonial home. Ultimately, she was brought back to her parental house. With these allegations, present FIR has been registered. 3. Petitioners filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 11.03.2025, petitioners 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, Indri, Karnal dated 04.04.2025. Statement of respondent No.2 has been recorded where she confirmed the compromise with petitioners. She confirmed that this compromise has been effected with her free will and volition, without any kind of undue influence, pressure or coercion and she has no objection regarding quashing of FIR. SUNIL DEVI 2025.07.07 10:22 I attest to the accuracy and integrity of this document CRM-M-13066-2025 (O&M) -3- 4. Petitioners - Parveen Kumar, Sanjeev Kumar, Rameshwar Dass @ Ishwar, Darshani Devi and Usha Rani @ Deepa also confirmed this fact in their joint statement. Statement of HC Banty is also recorded who confirmed that petitioners are not involved or declared as proclaimed offenders in any other criminal case. 5. Therefore, from the report of Judicial Magistrate Ist Class, Indri, Karnal 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. They have decided to part ways by filing joint petition under Section 13-B of Hindu Marriage Act. Thereafter, they will be able to live independently in peace and harmony. 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 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 petitioners is accepted and FIR No.0489 dated 08.06.2022, under Sections 323, 354-A, 406, 498-A, 506 and 377 of IPC 1860, (Sections 354-A and 377 of IPC were deleted later on), registered SUNIL DEVI 2025.07.07 10:22 I attest to the accuracy and integrity of this document CRM-M-13066-2025 (O&M) -4- at Police Station Indri, District Karnal (Annexure P-1) and all subsequent proceedings arisen therefrom are quashed qua petitioners. (AMARJOT BHATTI ) JUDGE 03.07.2025. Sunil Devi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No SUNIL DEVI 2025.07.07 10:22 I attest to the accuracy and integrity of this document