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2025 DAILYLAW 42199 (PNJ)

SANDEEP SINGH AND ANOTHER v. STATE OF PUNJAB AND ANOTHER

CRM-M/20245/2024 · 2025-03-24

Amarjot Bhatti

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Judgment text

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CRM-M-20245-2024 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 267 CRM-M-20245-2024 Date of decision : 24.03.2025 Sandeep Singh and Anr. ...... Petitioners V/S State of Punjab and Anr. ..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI Present: Ms. Aayushi, Advocate for Mr. Umesh Aggarwal, Advocate for petitioners. Mr. Japjot Singh, AAG, Punjab. Mr. A.S.Kakkar, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) 1. Petitioners- Sandeep Singh and Harjit Kaur have filed instant petition under Section 482 of Cr.P.C. for quashing of FIR No.67 dated 23.02.2022, under Sections 406 & 498-A of IPC, registered at Police Station City Faridkot, District Faridkot (Annexure P-1) and all subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2). 2. As per facts of the case, complainant Gurbax Kaur filed written complaint against her husband and in-laws family for maltreatment and beating given to her on account of demand of dowry. She alleged that she got married with Sandeep Singh on 18.01.2020. She was Assistant Professor in Government Barjindra College. She had to quit her job under the pressure of her in-laws family. Her parents had spent Rs.25-30 Lacs on her marriage. After two months of her marriage, her husband and in-laws family started abusing her and raised demand for a car and cash of Rs.5 Lacs. She was physically and mentally Sunil Devi 2025.03.26 12:54 I attest to the accuracy and integrity of this document CRM-M-20245-2024 -2- harassed. There was no change in their behaviour. She was even beaten up. Her father was also mentally disturbed and expired on 26.05.2021. After the death of her father, her husband did not come to pick her up and asked for divorce or to fulfill their demand as referred above. Thereafter, the matter was reported to the police and present FIR has been registered. 3. Petitioners filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 02.12.2024, 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 Chief Judicial Magistrate, Faridkot dated 20.01.2025. 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- Sandeep Singh and Harjit Kaur also confirmed this fact in their separate statements. Statement of ASI Swaran Singh is also recorded who confirmed that petitioners are not involved or declared as proclaimed offender in any other criminal case. 5. Therefore, from the report of Chief Judicial Magistrate, Faridkot, 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. Matter has been settled in Rs.9,00,000/- out of which Rs.4,50,000/- were already paid by petitioners to complainant and balance amount of Rs.4,50,000/- will be paid at the time of Sunil Devi 2025.03.26 12:54 I attest to the accuracy and integrity of this document CRM-M-20245-2024 -3- recording of final statements. 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.67 dated 23.02.2022, under Sections 406 & 498-A of IPC, registered at Police Station City Faridkot, District Faridkot (Annexure P-1) and all subsequent proceedings arising therefrom are quashed qua petitioners. (AMARJOT BHATTI ) JUDGE 24.03.2025. Sunil Devi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Sunil Devi 2025.03.26 12:54 I attest to the accuracy and integrity of this document