RISHAB KUMAR AND ANOTHER v. STATE OF UT CHANDIGARH AND ANOTHER
CRM-M/35968/2024 · 2025-08-18
Shalini Singh Nagpal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 67685 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 67685 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH 249
CRM-M-35968-2024 Date of Decision: 18.08.2025 RISHAB KUMAR AND ANOTHER ... Petitioners VERSUS STATE OF U.T. CHANDIGARH AND ANOTHER ... Respondents CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL **** Present: Mr. Harsh Manocha, Advocate for the petitioners. Mr. Manish Bansal, P.P. for U.T. Chandigarh. Respondent No.2 - Shweta in person. **** SHALINI SINGH NAGPAL, J.
In the petition under Section 482 Cr.P.C., the prayer is for quashing FIR No.110 dated 12.09.2019 (Annexure P-1) under Sections 406 and 498-A IPC, registered in Police Station Woman Sector 17, Chandigarh and all consequential proceedings arising therefrom, on the basis of compromise dated 06.05.2024 (Annexure P-4) effected between the parties. On 10.12.2024, this Court directed the parties to appear before the trial Court/Illaqa Magistrate for recording of their statements with regard to compromise dated 06.05.2024 on 16.12.2024 or any other date convenient to the learned trial Court/Illaqa Magistrate. In compliance of the aforesaid order, parties appeared before learned Judicial Magistrate Ist Class, Chandigarh on 16.12.2024 and got recorded their respective statements qua compromise arrived at between them. RAJENDER KUMAR 2025.08.19 21:44 I attest to the accuracy and authenticity of this order
CRM-M-35968-2024
-2- Statement of the Investigating Officer, ASI Paramjit Kaur, No.101 was also recorded on 16.12.2024. Learned Judicial Magistrate Ist Class, Chandigarh has submitted his report recording satisfaction that all the parties have entered into a valid compromise without any influence or coercion. Point-wise report as under has been submitted:. 1. As per statement of IO, there are only two accused persons namely Rishabh and Santosh Kumari in the present case. 2. As per the statement of IO, accused persons have never been declared proclaimed offender. 3. Yes, the compromise so arrived at between the parties is genuine, voluntary and without any coercion or undue influence. 4. As per statement of IO, there is no other FIR registered against the accused persons namely Rishabh and Santosh Kumari. 5. Statement of the IO has been recorded in this regard. Learned State Counsel and respondent No.2 (in person) have not raised any dispute regarding the factum of compromise. Since the matter has been amicably resolved, continuation of the criminal proceedings would be an exercise in futility.
The dispute which has its genesis in a matrimonial discord, warrants exercise of powers under Section 482 Cr.P.C.
Following principles of law laid down by the Full Bench Judgment of this Court in “Kulwinder Singh and others Vs. State of Punjab and RAJENDER KUMAR 2025.08.19 21:44 I attest to the accuracy and authenticity of this order
CRM-M-35968-2024
-3- another” 2007(3) RCR (Criminal) 1052 and Hon’ble Supreme Court in “Gian Singh Versus State of Punjab and others” (2012) 10 SCC 303, the petition is allowed. FIR No.110 dated 12.09.2019 (Annexure P-1) under Sections 406 and 498-A IPC, registered in Police Station Woman Sector 17, Chandigarh alongwith all the consequential proceedings arising therefrom are hereby quashed qua the petitioners. (SHALINI SINGH NAGPAL) AUGUST 18, 2025. JUDGE Rajender
Whether speaking/reasoned : Yes/No
Whether reportable
: Yes/No RAJENDER KUMAR 2025.08.19 21:44 I attest to the accuracy and authenticity of this order