HARLAJ SINGH AND ANOTHER v. STATE OF PUNJAB AND OTHERS
CRM-M/13430/2025 · 2025-05-13
Amarjot Bhatti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32039 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32039 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRM-M-13430-2025
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 267
CRM-M-13430-2025
Date of decision : 13.05.2025 Harlaj Singh and Anr. ...... Petitioners
V/S State of Punjab and Ors. ..... Respondents
CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI
Present: Mr. A.P.Kaushal, Advocate for petitioners. Ms. Gurpreet Kaur Sarabha, AAG, Punjab. Mr. Navinder Jit Singh Dandiwal, Advocate for respondents No.2 & 3. ****
AMARJOT BHATTI J. (ORAL)
1. Petitioners-Harlaj Singh and Sukhwinder Kaur have filed 2nd petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.21 dated 29.03.2023, registered under Sections 498-A, 420, 406 of IPC, at Police Station Badhni Kalan, District Moga, Punjab (Annexure P-1) and all subsequent proceedings arising therefrom, as matter has been resolved amicably vide Annexure P-2 dated 04.02.2025 and Annexure P-3 dated
21.02.2025. 2. As per facts of the case, complainant Kuldeep Kaur filed written complaint against Harlaj Singh and others alleging that marriage of his daughter Gurpinder Kaur took place on 30.11.2021 at Canada. Said marriage was attended by sister-in-law, brother-in-law and mother-in-law of the complainant. They had spent about 10,000/- dollars on marriage. The couple lived together for some time in America and for some time in Canada. On the demand of accused persons, family of complainant bought clothes worth Rs.5 Lacs, gold jewellery worth Sunil Devi 2025.05.15 10:39 I attest to the accuracy and integrity of this document
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Rs.11 Lacs and the same was handed over to the accused. Marriage Palace Mount View was booked for the party on 10.02.2023. Harlaj Singh and his other family members were given gold ornaments as detailed in the FIR. Her daughter also returned to India for the function on 09.12.2022. The husband and in-laws family raised demand of Rs.50 Lacs as dowry for coming to the said party. The complainant family had already spent about Rs.50 Lacs in the arrangements of said party. Her daughter was illtreated by Harlaj Singh and other members of in- laws family. The accused persons raised huge demand and thereafter, did not return the gold jewellery already received by them. 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 19.03.2025, petitioners and respondents No.2 & 3 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise (statements of petitioners and respondent No.3 were ordered to be recorded through video conferencing). Detailed report regarding compromise has been received from the court of Sub Divisional Judicial Magistrate, Nihal Singh Wala dated 12.05.2025.
Statements of respondent No.2 and 3 have been recorded where they confirmed the compromise with petitioners. They confirmed that this compromise has been effected voluntarily and without any coercion and undue influence and they have no objection regarding quashing of FIR.
Learned counsel representing State has already filed status report through Registry, which is taken on record.
4.
Petitioners- Harlaj Singh and Sukhwinder Kaur also confirmed this fact in their separate statements recorded through video conferencing. Statement Sunil Devi 2025.05.15 10:39 I attest to the accuracy and integrity of this document
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of ASI Gurcharan Singh 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 Sub Divisional Judicial Magistrate, Nihal Singh Wala, 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. Now, they will be able to live 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.21 dated 29.03.2023, registered under Sections 498-A, 420, 406 of IPC, at Police Station Badhni Kalan, District Moga, Punjab (Annexure P-1) and all subsequent proceedings arising therefrom are quashed qua petitioners.
(AMARJOT BHATTI )
JUDGE
13.05.2025.
Sunil Devi
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No Sunil Devi 2025.05.15 10:39 I attest to the accuracy and integrity of this document