DEVINDER KUMAR AND OTHERS v. STATE OF HARYANA AND ANOTHER
CRM-M/16259/2025 · 2025-07-03
Amarjot Bhatti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36797 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36797 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRM-M-16259-2025
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 273
CRM-M-16259-2025
Date of decision : 03.07.2025
Devinder Kumar and Ors. ...... Petitioners
V/S State of Haryana and Anr. ..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI
Present: Mr. Kushager Goyal, Advocate for petitioners. Mr. Sulinder Kumar, DAG, Haryana. Mr. Punit Verma, Advocate for Ms. Pallavi Babbar, Advocate for respondent No.2. ****
AMARJOT BHATTI J. (ORAL)
1. Petitioners- Devinder Kumar, Om Prakash and Suman have filed instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.340 dated 16.06.2023, under Sections 323, 406, 498-A and 506 of IPC 1860, registered at Police Station Pinjore, District Panchkula, Haryana (Annexure P-1) and all subsequent proceedings arisen therefrom on the basis of compromise dated 06.03.2025 (Annexure P-2). 2. As per facts of the case, complainant Veero filed written complaint to the higher authorities against her husband and in-laws family on account of maltreatment for their demand for dowry. She got married with Devinder Kumar on 09.12.2020 as per Hindu customs. The marriage was performed as per their demand and her parents had spent approximately Rs.7,50,000/-. She has given detail of dowry articles given at the time of marriage. Two days prior to the marriage, they raised demand for bullet motorcycle. The demand was fulfilled SUNIL DEVI 2025.07.07 10:22 I attest to the accuracy and integrity of this document
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under compelled circumstances. After marriage, her mother-in-law started quarrelling with her without any reason. She continued to live in the matrimonial home to save her marriage. She was doing the entire household work. During this period, she conceived and her in-laws family told her to give birth to a son. She had medical problem and was taken to Government Hospital, Manimajra. The doctor suggested to admit her to PGI, Chandigarh. Finally, she was taken to PGI, Chandigarh where she gave birth to a daughter. The behaviour of her in- laws family turned bad to worse. Her husband even tried to kill her and her child. Finally, she was turned out of the matrimonial home. The matter was again settled in September 2022. She again conceived. However, the maltreatment continued. She was turned out of the matrimonial house along with her daughter by her mother-in-law. 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 25.03.2025, 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 Sub Divisional Judicial Magistrate, Kalka dated 26.05.2025. Statement of respondent No.2 has been recorded where she confirmed the compromise with petitioners. She confirmed that this compromise has been effected voluntarily, without any coercion or undue influence and she has no objection regarding quashing of FIR. 4. Petitioners- Devinder Kumar, Om Prakash and Suman also confirmed this fact in their joint statement. Statement of ASI Anita is also recorded who confirmed that petitioners are not involved or declared as proclaimed offenders in any other criminal case. SUNIL DEVI 2025.07.07 10:22 I attest to the accuracy and integrity of this document
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5. Therefore, from the report of Sub Divisional Judicial Magistrate, Kalka 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 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.340 dated 16.06.2023, under Sections 323, 406, 498-A and 506 of IPC 1860, registered at Police Station Pinjore, District Panchkula, Haryana (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