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2025 DAILYLAW 77306 (PNJ)

DEEPAK GOYAL v. STATE OF HARYANA AND ANR

CRM-M/39931/2024 · 2025-05-07

Amarjot Bhatti

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Judgment text

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CRM-M-39931-2024 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 253 CRM-M-39931-2024 Date of decision : 07.05.2025 Deepak Goyal ...... Petitioner V/S State of Haryana and Anr. ..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI Present: Mr. Mohit Nehra, Advocate for petitioner. Mr. Sulinder Kumar, DAG, Haryana. Mr. Pawan K. Garg, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) 1. Petitioner-Deepak Goyal filed this petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.0674 dated 11.10.2018, registered under Sections 323, 406, 498-A, 506, 34 of IPC, at Police Station Bhiwani City, District Bhiwani (Annexure P-1) and all other consequential proceedings arising therefrom on the basis of compromise and joint statement of first motion (Annexure P-2 & P-3) respectively. 2. As per facts of the case, complainant Preeti Goyal filed complaint against her husband Deepak Goyal and other members of in-laws family. It is alleged that her marriage took place with Deepak Goyal on 13.12.2016. Her parents had spent about Rs.24/25 Lacs on her marriage. Her in-laws family turned out to be greedy persons. After few days of marriage, they started taunting her regarding the dowry given at the time of marriage. Behaviour of her in-laws family was not cordial towards her. There was continuous harassment and interference in her married life. The complainant has narrated various incidents which took place in the matrimonial home. During this period, she Sunil Devi 2025.05.09 09:35 I attest to the accuracy and integrity of this document CRM-M-39931-2024 -2- gave birth to a male child on 22.09.2017. Nobody came to enquire about her or her child. In fact, her in-laws family wanted to abort the child to which she did not agree. Since then, she is residing in her parental house along with her son. The complainant has given detail of dowry articles, cash, shagun etc. given at the time of various ceremonies. It was submitted that legal action be taken. 3. Petitioner filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 28.11.2024, 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 Chief Judicial Magistrate, Bhiwani dated 01.02.2025. Statement of respondent No.2 has been recorded where she confirmed the compromise with petitioner. She confirmed that this compromise has been effected voluntarily and without any coercion and undue influence and she has no objection regarding quashing of FIR. 4. Petitioner- Deepak Goyal also confirmed this fact in his separate statement. Statement of ASI Manish Kumar 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 Chief Judicial Magistrate, Bhiwani , 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.35,00,000/- out of which Rs.17,50,000/- were already paid by petitioner to complainant at the time of recording of first motion statements and balance Sunil Devi amount of Rs.17,50,000/- will be paid at the time of recording of second motion 2025.05.09 09:35 I attest to the accuracy and integrity of this document CRM-M-39931-2024 -3- 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 petitioner is accepted and FIR No.0674 dated 11.10.2018, registered under Sections 323, 406, 498-A, 506, 34 of IPC, at Police Station Bhiwani City, District Bhiwani (Annexure P-1) and all other consequential proceedings arising therefrom are quashed qua petitioner. (AMARJOT BHATTI ) JUDGE 07.05.2025. Sunil Devi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Sunil Devi 2025.05.09 09:35 I attest to the accuracy and integrity of this document