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2025 DAILYLAW 47845 (PNJ)

RAMESH KUMAR AND ANR v. STATE OF HARYANA AND ANR

CRM-M/21432/2025 · 2025-07-08

Amarjot Bhatti

body2025

Judgment text

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CRM-M-21432-2025 1 259 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-21432-2025 Date of decision: 08.07.2025 RAMESH KUMAR AND ANR ....Petitioners Versus STATE OF HARYANA AND ANR ....Respondents CORAM: HON'BLE MRS. JUSTICE AMARJOT BHATTI Present: Mr. Nikhil Thamman, Advocate for the petitioners. Mr. Sulinder Kumar, DAG, Punjab. Ms. Naveen Kataria, Advocate for respondent No.2. **** AMARJOT BHATTI , J. 1. Petitioners- Ramesh Kumar and Banwari Lal have filed instant petition under Section 528 of BNSS, 2023 ( earlier u/s 482 of Cr.P.C.) for quashing of FIR No. 32 dated 05.05.2022 under Sections 313, 354-A, 323, 406, 498-A and 34 of IPC, registered at Women Police Station Fatehabad (Annexure P-1) and all other subsequent proceedings arising therefrom, on the basis of compromise deed dated 30.03.2025 (Annexure P-2). 2. As per facts of the case, complainant Meenu Rani filed written complaint against her husband Ramesh Kumar and other members of in-laws family, alleging that her marriage was performed with Ramesh Kumar on 19.04.2018. At the time of marriage, customary gifts were given. Thereafter, she was taunted and harassed for bringing less dowry. She did not disclose about this fact to her parents and tolerated the behaviour of her husband and in-laws family. She was given severe beating and thereafter she disclosed about the behaviour of her in-laws family to her parents. Matter came before Panchayat where they apologized. Even then maltreatment continued. On one occasion, she was taken to the MONIKA RANI 2025.07.11 10:41 I attest to the accuracy and integrity of this document CRM-M-21432-2025 2 hospital for abortion. There was demand for a car. There was continuous beating and maltreatment on account of said demand. Ultimately, 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 24.04.2025, 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, Fatehabad, dated 29.05.2025. 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, which is taken on record. 4. Petitioners- Ramesh Kumar and Banwari Lal also confirmed this fact in their joint statement. Statement of PSI Priyanka 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, Fatehabad, 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.3,50,000/- out of which Rs.1,50,000/- were to be paid by petitioner to respondent No.2 at the time MONIKA RANI 2025.07.11 10:41 I attest to the accuracy and integrity of this document CRM-M-21432-2025 3 of recording of first motion statements and balance amount of Rs.2,00,000/- will be paid at the time of recording of second motion statements. Thereafter, they will be able to live independently in peace and harmony. 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. 32 dated 05.05.2022 under Sections 313, 354-A, 323, 406, 498-A and 34 of IPC, registered at Women Police Station Fatehabad (Annexure P-1) and all other subsequent proceedings arising therefrom, on the basis of compromise deed dated 30.03.2025 (Annexure P-2) are quashed qua petitioners. 8. Pending miscellaneous application, if any, shall also stands disposed of accordingly. (AMARJOT BHATTI ) JUDGE 08.07.2025. monika Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MONIKA RANI 2025.07.11 10:41 I attest to the accuracy and integrity of this document