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2025 DAILYLAW 47673 (PNJ)

RAMBIR YADAV AND OTHERS v. UT CHANDIGARH AND ANOTHER

CRM-M/20893/2025 · 2025-07-17

Amarjot Bhatti

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Judgment text

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CRM-M-20893-2025 1 289 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-20893-2025 Date of decision: 17.07.2025 RAMBIR YADAV AND OTHERS ....Petitioners Versus STATE OF UT CHANDIGARH AND ANOTHER ....Respondents CORAM: HON'BLE MRS. JUSTICE AMARJOT BHATTI Present: Mr. Ajay Partap Singh, Advocate for the petitioners. Mr. Viren Sibal, APP, UT, Chandigarh. Mr. Madan Sandhu, Advocate for respondent No.2. **** AMARJOT BHATTI , J. 1. Petitioners- Rambir Yadav, Ram Sharan Yadav and Indera Kumari @ Indumati have filed instant petition under Section 528 of BNSS, 2023 for quashing of FIR No.50 dated 22.05.2024, under Section 498-A of IPC, registered at Women Police Station Sector-17, Chandigarh (Annexure P-1) and all other subsequent proceedings arising therefrom, on the basis of compromise deed dated 18.03.2025 (Annexure P-2). 2. As per facts of the case, complainant/respondent No.2 Neelam filed written complaint against her husband Rambir Yadav and other members of in-laws family, alleging that her marriage was performed on 09.05.2022 with Rambir Yadav. Her father had given dowry beyond his capacity. Her father had spent money on engagement ceremony and marriage ceremony. After 2-3 days of marriage, all accused started taunting her for not bringing a car in marriage and because of this they are insulted in the society. Her father was not in a position to bear more expenditure. She was beaten up by the MONIKA RANI 2025.07.18 17:40 I attest to the accuracy and integrity of this document CRM-M-20893-2025 2 accused persons. Her mobile phone was snatched. She was able to inform her father on 08.08.2020 and she was taken back to her parental home. All her dowry articles were in possession of accused persons. They pressurized her family to satisfy their demands. Finally, 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 07.05.2025, 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 1st Class, Chandigarh, dated 11.06.2025. 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 pressure, coercion or undue influence and she has no objection regarding quashing of FIR. Learned counsel representing State filed status report through Registry, which is taken on record. 4. Petitioners- Rambir Yadav, Ram Sharan Yadav and Indera Kumari @ Indumati also confirmed this fact in their separate statements. Statement of ASI Aman 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 1st Class, Chandigarh, 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. MONIKA RANI 2025.07.18 17:40 I attest to the accuracy and integrity of this document CRM-M-20893-2025 3 Matter has been settled in Rs.1,50,000/- out of which Rs.75,000/- were to be paid by petitioners to respondent No.2 at the time of recording of first motion statements and balance amount of Rs.75,000/- will be paid at the time of recording of second motion statements. Thereafter, they will be able to live independently in peace and harmony. It will end the litigation started between them. 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.50 dated 22.05.2024, under Section 498-A of IPC, registered at Women Police Station Sector-17, Chandigarh (Annexure P-1) and all other subsequent proceedings arising therefrom, are quashed qua petitioners. 8. Pending miscellaneous application, if any, shall also stands disposed of accordingly. (AMARJOT BHATTI ) JUDGE 17.07.2025. monika Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MONIKA RANI 2025.07.18 17:40 I attest to the accuracy and integrity of this document