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268 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-21450-2025 Date of decision: 14.07.2025 RAMAN BHARDWAJ ....Petitioner Versus STATE OF HARYANA AND ANOTHER ....Respondents
CORAM: HON'BLE MRS. JUSTICE AMARJOT BHATTI Present: Ms. Nitkita Sharma, Advocate for Ms. Supriya Garg, Advocate for the petitioner. Mr. Sulinder Kumar, DAG, Haryana. Ms. Mallika Dhillon, Advocate for respondent No.2. **** AMARJOT BHATTI
, J.
1. Petitioner- Raman Bhardwaj has filed instant petition under Section 528 of BNSS, 2023 for quashing of FIR No. 47 (Annexure P-1) dated 01.03.2017 under Sections 34, 406, 498-A and 506 of IPC, registered at Women Police Station, Gurgaon and all other subsequent proceedings arising therefrom, on the basis of compromise deed dated 12.03.2025 (Annexure P-2). 2. As per facts of the case, Namita Bhardwaj filed written complaint against her husband Raman Bhardwaj and others member of in- laws family regarding demand of dowry, mental and physical cruelty and breach of trust. The complainant alleged that her marriage was performed with Raman Bhardwaj on 17.02.2012. Their engagement had taken place on 02.11.2011. Her parents had performed marriage with great pomp and MONIKA RANI 2025.07.22 12:18 I attest to the accuracy and integrity of this document
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show. She was given jewellery, cash of Rs.5 lacs, car and other household articles as per the wishes of accused persons. Soon after marriage, she was taunted for her appearance and caused her mental cruelty. They were unhappy with the dowry articles. In the month of March 2012, her husband on the pretext of construction of his house, shifted her to Gurgaon by saying that he will join within 15 days. She shifted to her mother’s house but accused No.1 did not come to Gurgaon and was putting of the matter on one pretext or the other. Her husband was addicted to liquor. She continuously faced physical and mental harassment. During this period, she conceived and she had to shift to Delhi where she was doing her job. Her husband wanted to take divorce. He was not interested in the birth of the child. She gave birth to a male child in April 2013, at Max Hosipital, Gurgaon Haryana. There was no change in the behaviour of her husband. Finally, she was told to bring Rs. 15 lacs from her parents in case she want to live in the matrimonial home. Her husband went to USA in February 2016 without informing her. There was constant pressure on her to give divorce to her husband. She is living at Gurgaon in her parental house.
With these allegations present FIR has been registered. 3. Petitioner filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 24.04.2025, 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, Gurugram, dated 09.06.2025. Statement of respondent No.2 has been recorded where she confirmed the compromise with petitioner. She confirmed that this compromise has been effected MONIKA RANI 2025.07.22 12:18 I attest to the accuracy and integrity of this document
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voluntarily, without any undue influence or coercion and she has no objection regarding quashing of FIR. 4. Petitioner Raman Bhardwaj also confirmed this fact in his statement. Statement of L/HC Rekha is also recorded who confirmed that petitioner is not involved or declared as proclaimed offender in any other criminal case. 5. Therefore, from the report of Judicial Magistrate 1st Class, Gurugram, it is clear that compromise has been effected between the parties without any undue influence or coercion. 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.43,00,000/-. 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 petitioner is accepted and FIR No. 47 (Annexure P-1) dated 01.03.2017 under Sections 34, 406, 498- MONIKA RANI 2025.07.22 12:18 I attest to the accuracy and integrity of this document
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A and 506 of IPC, registered at Women Police Station, Gurgaon and all other subsequent proceedings arising therefrom, on the basis of compromise deed dated 12.03.2025 (Annexure P-2) are quashed qua petitioner. 8. Pending miscellaneous application, if any, shall also stands
disposed of accordingly.
(AMARJOT BHATTI )
JUDGE 14.07.2025 monika Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MONIKA RANI 2025.07.22 12:18 I attest to the accuracy and integrity of this document