Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH
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Date of Decision:- 02.07.2025
JAI KUMAR JAI KUMAR JAI KUMAR JAI KUMAR
....Petitioner
Vs.
STATE OF U.T., CHANDIGARH AND ANR.
STATE OF U.T., CHANDIGARH AND ANR.
STATE OF U.T., CHANDIGARH AND ANR.
STATE OF U.T., CHANDIGARH AND ANR.
...Respondents
CORAM:
CORAM:
CORAM:
CORAM:---- HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present:- Mr. Mandeep Kumar Dhot, Advocate for the petitioner.
Mr. Alankrit Bhardwaj, APP, UT, Chandigarh. Mr. Jatin Khurana, Advocate for respondent No.2.
AMARJOT BHATTI, J.
AMARJOT BHATTI, J.
AMARJOT BHATTI, J.
AMARJOT BHATTI, J.
1.
Petitioner has filed instant petition for quashing of FIR No.64 dated 11.08.2018 under Sections 406 and 498-A of IPC registered at Police Station Women, Chandigarh (Annexure P-1) and all consequential proceedings arising therefrom on the basis of compromise dated 03.09.2024 (Annexure P-2).
2.
Facts of the case are, complainant Poonam filed written complaint that she got married with Jai Kumar in the year 2015. She is having a son aged about 10 months. She was beaten up by her husband, sister-in-law Ritu, brother-in-law Ramesh and they even snatched her child. SANDEEP KUMAR 2025.07.07 13:59 I attest to the accuracy and integrity of this document
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Her brother-in-law threatened to involve her and her mother in a criminal case. She is not provided maintenance by her husband Jai Kumar. She being a poor girl will not be able to defend herself. Finally, matter was reported to the police. 3. Petitioner filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 27.03.2025, 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 1st Class, Chandigarh dated 14.05.2025. Statement of respondent No.2 has been recorded, where she confirmed the compromise with petitioner. She confirmed that this compromise has been effected without any pressure, coercion or undue influence and she has no objection regarding quashing of FIR. 4. Petitioner –Jai Kumar also confirmed this fact in his statement. Statement of SI Dharminder Singh is also recorded who further confirmed that accused is not proclaimed offender in this case. 5. Therefore, from the report of Judicial Magistrate 1st Class, Chandigarh, it is clear that compromise has been effected between the parties amicably. They have mutually settled all their claims arisen from matrimonial dispute. They will be able to live in peace and harmony. Parties have decided to part their ways. No purpose would be served with the continuation of criminal proceedings. SANDEEP KUMAR 2025.07.07 13:59 I attest to the accuracy and integrity of this document
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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 2007(3) R.C.R. (Criminal) 1052 2007(3) R.C.R. (Criminal) 1052 2007(3) R.C.R. (Criminal) 1052 tilted as Kulwinder Singh and Ors. Vs. State of Punjab and Anr., tilted as Kulwinder Singh and Ors. Vs.
State of Punjab and Anr., tilted as Kulwinder Singh and Ors. Vs. State of Punjab and Anr., 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 the 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.64 dated 11.08.2018 under Sections 406 and 498-A of IPC registered at Police Station Women Chandigarh (Annexure P-1) and all subsequent proceedings arising therefrom are quashed qua petitioner. 8. Pending miscellaneous application(s), if any, stand disposed of accordingly as well. (AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI) (AMARJOT BHATTI)
JUDGE JUDGE JUDGE JUDGE 02.07.2025
snd
Whether speaking/reasoned : Yes/No. Whether reportable
: Yes/No
SANDEEP KUMAR 2025.07.07 13:59 I attest to the accuracy and integrity of this document