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2025 DAILYLAW 32545 (PNJ)

SONU AND ANR v. STATE OF HARYANA AND ANR

CRM-M/13967/2025 · 2025-05-26

Amarjot Bhatti

Public Interest Litigationbody2025

Judgment text

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CRM-M-13967-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 293 CRM-M-13967-2025 Date of decision : 26.05.2025 Sonu and Anr. ...... Petitioners V/S State of Haryana and Anr. ..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI Present: Mr. Pankaj Kaushik, Advocate for petitioners. Mr. Sulinder Kumar, DAG, Haryana. Ms. Bindu Tanwar, Advocate for Mr. Vikalp Hooda, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) 1. Petitioners- Sonu and Kamlesh have filed instant petition under Section 482 Cr.P.C. for quashing of FIR No.0079 dated 23.06.2021, registered under Sections 406, 323, 498-A, 506 and 34 of IPC 1860, at Women Police Station, District Jind, Haryana (Annexure P-1) and all subsequent proceedings arising therefrom, qua the petitioners, in light of the compromise effected between the parties dated 06.02.2025 (Annexure P-2). 2. As per facts of the case, complainant Anita filed written complaint against her husband Sonu and other members of in-laws family. It is alleged that her marriage was performed with Sonu on 09.06.2019. Soon after marriage, her husband started finding faults in the dowry articles. All her jewellery was taken by her husband and his family members. They started taunting her for bringing less dowry and further raised demand for cash of Rs.20 Lacs. She was threatened by her husband who was having illicit relations with other women. During this Sunil Devi 2025.05.28 10:36 I attest to the accuracy and integrity of this document CRM-M-13967-2025 -2- period, she conceived but her in-laws family did not want the child. In the meantime, her mother expired on 08.07.2020. On 17.07.2020, she was convinced to go to her parental house. She was forced to drink milk mixed with abortion pills, as a result, she suffered miscarriage during her fourth month. She remained silent out of fear. She has narrated incident of 21.12.2020 when she was beaten up by her husband and mother-in-law. She informed police by calling police helpline No.1091. She was rescued by the police and was given medical treatment. Thereafter, the present FIR was lodged. 3. Petitioners filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 18.03.2025, 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, Jind dated 29.04.2025. Statement of respondent No.2 has been recorded where she confirmed the compromise with petitioners. She confirmed that this compromise has been effected voluntarily and without any coercion and undue influence and she has no objection regarding quashing of FIR. Learned counsel representing State has already filed status report through Registry, which is taken on record. 4. Petitioners- Sonu and Kamlesh also confirmed this fact in their joint statement. Statement of L/ASI Anita 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, Jind, it is clear that compromise has been effected between the parties without any pressure, Sunil Devi 2025.05.28 10:36 I attest to the accuracy and integrity of this document CRM-M-13967-2025 -3- 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. Matter has been settled in Rs.7,25,000/- 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.0079 dated 23.06.2021, registered under Sections 406, 323, 498-A, 506 and 34 of IPC 1860, at Women Police Station, District Jind, Haryana (Annexure P-1) and all subsequent proceedings arising therefrom are quashed qua petitioners. (AMARJOT BHATTI ) JUDGE 26.05.2025. Sunil Devi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Sunil Devi 2025.05.28 10:36 I attest to the accuracy and integrity of this document