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2025 DAILYLAW 44584 (PNJ)

INDERPAL SINGH AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/19878/2025 · 2025-07-28

Amarjot Bhatti

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Judgment text

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CRM-M-19878-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 271 CRM-M-19878-2025 Date of decision : 28.07.2025 Inderpal Singh and Ors. ...... Petitioners V/S State of Punjab and Anr. ..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI Present: Mr. Amit Arora, Advocate for petitioners. Ms. Amrit Kaur Mahir, AAG, Punjab. Mr. Jagjeet Singh, Advocate for Mr. Parminder Singh Kanwar, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) 1. Petitioners Inderpal Singh, Dharam Singh and Nirmal Kaur have filed this petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.0203 dated 23.06.2020, registered under Sections 498-A, 406 of IPC 1860, at Police Station Sirhali District Tarn Taran (Annexure P-1) and all the subsequent proceedings arising therefrom, qua petitioners, in the light of compromise effected between the parties dated 13.02.2025 (Annexure P-2). 2. As per facts of the case, complainant/respondent No.2 Harpreet Kaur filed written complaint against her husband and in-laws’ family for demanding dowry and threatening to kill her. She stated that her marriage was performed with Inderpal Singh on 19.02.2019. In June 2019, her husband went to Dubai. He did not send any maintenance to her. At the time of marriage, her parents had given dowry in the shape of bike, almirah, washing machine, LED SUNIL DEVI 2025.07.29 17:37 I attest to the accuracy and integrity of this document CRM-M-19878-2025 -2- and gold ornaments. All her dowry articles are misappropriated by her in-laws. She was not permitted to go outside the house, nor she was allowed to use the mobile phone. At the time of filing of complaint, she was four months pregnant. She was not provided any medicine. The matter was discussed by her father with her husband. Finally, the complaint was filed, on the basis of which present FIR has been registered. 3. Petitioners filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 23.05.2025, 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, Tarn Taran dated 07.07.2025. 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- Inderpal Singh, Dharam Singh and Nirmal Kaur have also confirmed this fact in their joint statement. Statement of ASI Satnam 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 Judicial Magistrate Ist Class, Tarn Taran it is clear that the compromise has been effected between the parties without any pressure, coercion or undue influence, which is acceptable to both the parties. They have mutually settled all their claims arisen from matrimonial dispute. They have decided to part ways by filing joint petition under Section 13- SUNIL DEVI 2025.07.29 17:37 I attest to the accuracy and integrity of this document CRM-M-19878-2025 -3- B of Hindu Marriage Act. Thereafter, they will be able to live independently in peace and harmony. It will end the litigation started between the parties. 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.0203 dated 23.06.2020, registered under Sections 498-A, 406 of IPC 1860, at Police Station Sirhali District Tarn Taran (Annexure P-1) and all subsequent proceedings arisen therefrom are quashed qua petitioners. (AMARJOT BHATTI ) JUDGE 28.07.2025. Sunil Devi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No SUNIL DEVI 2025.07.29 17:37 I attest to the accuracy and integrity of this document