IN THE HIGH COURT OF PUNJAB AND HARYANA 274 DHEERAJ DUDEJA STATE OF HARYANA CORAM: HON’BLE M Present : Mr for the petitioner. Mr. Ramesh Kumar Ambavta, D.A.G., Haryana Ms. Yashika Walia, Advocate for respondent No.2. KIRTI SINGH 1. The present petition has been Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 49 dated 20.01.2021, under Sections 406, 498 Station Krishana Gate, Thanesar, District Kurukshetra and all other consequential proceedings arising therefrom on the basis of the divorce by mutual consent dated 24.05.2025 (Annexure P 27.05.2025 (Annexure P 2. Heard learned counsel for the parties and also gone through the case file. 3. This Cou 01.07.2025, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. 4. Pursuant to the aforesaid order, report dated 17.07.20 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: DHEERAJ DUDEJA Versus STATE OF HARYANA AND ANOTHER HON’BLE MS. JUSTICE KIRTI SINGH Mr. Rohit Kumar and Mr. Pranav Juneja for the petitioner. Mr. Ramesh Kumar Ambavta, D.A.G., Haryana Ms. Yashika Walia, Advocate for respondent No.2. **** KIRTI SINGH, J. (oral) The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 49 dated 20.01.2021, under Sections 406, 498-A and 506 of IPC, registered at Police Station Krishana Gate, Thanesar, District Kurukshetra and all other ential proceedings arising therefrom on the basis of the divorce by mutual consent dated 24.05.2025 (Annexure P 27.05.2025 (Annexure P-2). Heard learned counsel for the parties and also gone through the This Court while issuing notice of motion vide order dated 01.07.2025, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. Pursuant to the aforesaid order, report dated 17.07.20 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.31503 of 2025 Date of decision: 30.07.2025 …. Petitioner …. Respondents KIRTI SINGH Rohit Kumar and Mr. Pranav Juneja, Advocates Mr. Ramesh Kumar Ambavta, D.A.G., Haryana. Ms. Yashika Walia, Advocate for respondent No.2. filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 49 dated A and 506 of IPC, registered at Police Station Krishana Gate, Thanesar, District Kurukshetra and all other ential proceedings arising therefrom on the basis of the divorce by mutual consent dated 24.05.2025 (Annexure P-3) and compromise dated Heard learned counsel for the parties and also gone through the rt while issuing notice of motion vide order dated 01.07.2025, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. Pursuant to the aforesaid order, report dated 17.07.2025 has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 49 dated A and 506 of IPC, registered at Police Station Krishana Gate, Thanesar, District Kurukshetra and all other ential proceedings arising therefrom on the basis of the divorce by 3) and compromise dated Heard learned counsel for the parties and also gone through the rt while issuing notice of motion vide order dated 01.07.2025, directed the parties to appear before the trial Court/Illaqa 25 has been Jyoti 2025.07.31 17:19 I attest to the accuracy and integrity of this document CRM received from the Judicial Magistrate 1st Class, Kurukshetra. A perusal of the said report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between them and they have no objection in case the FIR in question is quashed. The compromise effected between them is genuine, without any undue influence and coercion. 5. The Full Bench of this Court in State of Punjab, 2007 (3) RCR (C the power under Section 482 Cr.P.C. to allow the compounding of non compoundable offence(s) and quash the proceedings where the High Court is of the view that the same was required to prevent the abuse of the pro law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone. 6. The Hon'ble Supreme Court of India in the case of State of Punjab and another, 2012(4) RCR (Criminal) 543 in order to secure the ends of justice or to prevent the abuse of process of Court, inherent power can be used by this Court to quash criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of the said judgment reads thus: “57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from compounding the offences under Section 320 of the Code. but it has to be exercised in accord with the guideline engrafted in such CRM-M No.31503 of 2025 received from the Judicial Magistrate 1st Class, Kurukshetra. A perusal of the said report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between d they have no objection in case the FIR in question is quashed. The compromise effected between them is genuine, without any undue influence The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, the power under Section 482 Cr.P.C. to allow the compounding of non compoundable offence(s) and quash the proceedings where the High Court is of the view that the same was required to prevent the abuse of the pro law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone. The Hon'ble Supreme Court of India in the case of State of Punjab and another, 2012(4) RCR (Criminal) 543 in order to secure the ends of justice or to prevent the abuse of process of Court, inherent power can be used by this Court to quash criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of udgment reads thus:- 57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such M No.31503 of 2025 -2- received from the Judicial Magistrate 1st Class, Kurukshetra. A perusal of the said report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between d they have no objection in case the FIR in question is quashed. The compromise effected between them is genuine, without any undue influence Kulwinder Singh and others vs. riminal) 1052, held that the High Court has the power under Section 482 Cr.P.C. to allow the compounding of non- compoundable offence(s) and quash the proceedings where the High Court is of the view that the same was required to prevent the abuse of the process of law or otherwise to secure the ends of justice. This power of quashing is not The Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab and another, 2012(4) RCR (Criminal) 543, had observed that in order to secure the ends of justice or to prevent the abuse of process of Court, inherent power can be used by this Court to quash criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of 57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such received from the Judicial Magistrate 1st Class, Kurukshetra. A perusal of the said report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between d they have no objection in case the FIR in question is quashed. The compromise effected between them is genuine, without any undue influence Kulwinder Singh and others vs. held that the High Court has - compoundable offence(s) and quash the proceedings where the High Court is cess of law or otherwise to secure the ends of justice. This power of quashing is not Gian Singh vs. observed that in order to secure the ends of justice or to prevent the abuse of process of Court, inherent power can be used by this Court to quash criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of 57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction the power given to a criminal court for Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such Jyoti 2025.07.31 17:19 I attest to the accuracy and integrity of this document CRM power viz; (i) to s the process of any Court. xxx xxx xxx. ” 7. xxx xxx xxx. ” 7. In view of the afore report of the trial Court regarding amicable settlement between the petitioner(s) and the complainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be served in continuing the pro the criminal proceedings in the present case deserve to be quashed. 8. Resultantly, the present petition is allowed and 20.01.2021, under Sections 406, 498 Station Krishana Gate, Thanesar, District Kurukshetra consequential proceedings are quashed qua the petitioner(s) divorce by mutual consent dated 24.05.2025 (Annexure P dated 27.05.2025 (Annexu deposited by the petitioner in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month. 9. Pending miscellaneous application(s), if any, also stands disposed of. 30.07.2025 Jyoti-IV CRM-M No.31503 of 2025 power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. xxx xxx xxx. ” In view of the afore-referred judgments and after perusing the report of the trial Court regarding amicable settlement between the petitioner(s) omplainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be served in continuing the proceedings and in order to secure the ends of justice, the criminal proceedings in the present case deserve to be quashed. Resultantly, the present petition is allowed and 20.01.2021, under Sections 406, 498-A and 506 of IPC, registered Station Krishana Gate, Thanesar, District Kurukshetra consequential proceedings are quashed qua the petitioner(s) divorce by mutual consent dated 24.05.2025 (Annexure P dated 27.05.2025 (Annexure P-2), subject to payment of Rs. 20,000/ deposited by the petitioner in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month. Pending miscellaneous application(s), if any, also stands disposed of. (KIRTI SINGH Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.31503 of 2025 -3- ecure the ends of justice or (ii) to prevent abuse of referred judgments and after perusing the report of the trial Court regarding amicable settlement between the petitioner(s) omplainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be ceedings and in order to secure the ends of justice, the criminal proceedings in the present case deserve to be quashed. Resultantly, the present petition is allowed and FIR No. 49 dated A and 506 of IPC, registered at Police Station Krishana Gate, Thanesar, District Kurukshetra and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the divorce by mutual consent dated 24.05.2025 (Annexure P-3) and compromise , subject to payment of Rs. 20,000/- to be deposited by the petitioner in the Poor Patient Welfare Fund, PGIMER, Pending miscellaneous application(s), if any, also stands disposed of. KIRTI SINGH ) JUDGE Yes/No. Yes/No ecure the ends of justice or (ii) to prevent abuse of referred judgments and after perusing the report of the trial Court regarding amicable settlement between the petitioner(s) omplainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be ceedings and in order to secure the ends of justice, FIR No. 49 dated at Police and all other on the basis of the 3) and compromise to be deposited by the petitioner in the Poor Patient Welfare Fund, PGIMER, Jyoti 2025.07.31 17:19 I attest to the accuracy and integrity of this document