HARVINDER PAL SINGH AND OTHERS v. STATE OF PUNJAB AND ANOTHER
CRM-M/38437/2025 · 2025-09-23
Amarjot Bhatti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79051 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79051 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRM-M-38437-2025 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
278
CRM-M-38437-2025 (O&M)
Date of decision : 23.09.2025 Harvinder Pal Singh and Ors. ...... Petitioners
V/S State of Punjab and Anr. ..... Respondents
CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI
Present: Mr. Kamal Jindal, Advocate for petitioners. Ms. Amrit Kaur Mahir, AAG, Punjab. Ms. Annie, Advocate for respondent No.2. ****
AMARJOT BHATTI J. (ORAL)
1. Petitioners – Harvinder Pal Singh, Tajinder Kaur and Jyot Singh have filed this petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.0002 dated 16.01.2025, registered under Sections 498-A,406, 34 of IPC 1860 at Women Police Station, District SAS Nagar (Annexure P-1) and all the subsequent proceedings arising therefrom, qua the petitioners, in the light of compromise effected between the parties dated 21.04.2025 (Annexure P-2). 2. As per facts of the case, complainant/respondent No.2 – Damanjeet Kaur filed written complaint that her marriage was performed with Jyot Singh on 07-08-2023. After few days of marriage, there was demand for more dowry and she was constantly tortured in the hands of her in-laws. She was beaten up and insulted on every occasion. There was demand for cash of Rs.5 lakhs, car and SUNIL DEVI 2025.09.26 10:05 I attest to the accuracy and integrity of this document
CRM-M-38437-2025 (O&M)
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gold jewellery. She was threatened to kill. The complaints were filed. The matter was also compromised but there was no change in their behaviour. Finally, the matter was reported to the police and present FIR was registered. 3. Petitioners filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 21.07.2025, 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 Ist Class, SAS Nagar, Mohali dated 20.09.2025. 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 coercion or undue influence and she has no objection regarding quashing of FIR. 4. Petitioners- Harvinder Pal Singh, Tajinder Kaur (in person) and Jyot Singh (through video conferencing) have also confirmed this fact in their statements.
Statement of ASI Karam 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 Ist Class, SAS Nagar, Mohali it is clear that the compromise has been effected between the parties without any pressure, coercion or undue influence, which is acceptable to both the parties. 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.17,00,000/- out of which Rs.8,50,000/- were to be paid by petitioner No.3 to SUNIL DEVI 2025.09.26 10:05 I attest to the accuracy and integrity of this document
CRM-M-38437-2025 (O&M)
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complainant/respondent No.2 at the time of recording of first motion statements and balance amount of Rs.8,50,000/- 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 titled 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.0002 dated 16.01.2025, registered under Sections 498-A,406, 34 of IPC 1860 at Women Police Station, District SAS Nagar (Annexure P-1) and all subsequent proceedings arisen therefrom are quashed qua petitioners – Harvinder Pal Singh, Tajinder Kaur and Jyot Singh. 8. Pending miscellaneous application(s), if any, stand disposed of accordingly as well. (AMARJOT BHATTI )
JUDGE
23.09.2025. Sunil Devi
Whether speaking/reasoned: Yes/No
Whether Reportable:
Yes/No SUNIL DEVI 2025.09.26 10:05 I attest to the accuracy and integrity of this document