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2025 DAILYLAW 80491 (PNJ)

NARENDER SAINI v. STATE OF HARYANA AND ANOTHER

CRM-M/38365/2025 · 2025-09-23

Amarjot Bhatti

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Judgment text

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CRM-M-38365-2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 292 CRM-M-38365-2025 Date of decision : 23.09.2025 Narender Saini ...... Petitioner V/S State of Haryana and Anr. ..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI Present: Mr. Yashdeep Nain, Advocate for petitioner. Mr. Ayuwan Singh, AAG, Haryana. Mr. Annie, Advocate for respondent No.2. **** AMARJOT BHATTI J. (ORAL) 1. Petitioner – Narender Saini has filed this petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 Cr.P.C.) for quashing of FIR No.0975 dated 22.11.2024, registered under Sections 323, 406, 498-A of IPC 1860 at Police Station Sadar Hisar, District Hisar (Annexure P-1) and all the subsequent proceedings arising therefrom, qua the petitioner, in the light of compromise effected between the parties dated 04.07.2025 (Annexure P-3). 2. As per facts of the case, complainant/respondent No.2-Nupur Gupta filed written complaint against her husband Narender Saini and other members of in-laws family that earlier FIR No.103/2023 was registered at Women Police Station, Hisar. The matter was compromised, according to which 17 Kanals of land was to be transferred, which will remain with the applicant and her both SUNIL DEVI 2025.09.26 12:27 I attest to the accuracy and integrity of this document CRM-M-38365-2025 -2- children, with further settlement that Narender Saini will perform marriage with her. The marriage was solemnized on 07.02.2024 at Hisar. Accused No. 1 was acquitted in the aforesaid FIR. Her parents had given gold ornaments and other articles as detailed in the FIR. Soon after marriage, the accused started raising demand for Hyundai Creta car. She was illtreated in the house. Her clothes and jewellery were retained by her sister-in-law. Her husband was fond of wearing new clothes and travelling. She was told to bring money from her parents for purchasing clothes etc. and for his travelling expenditure. There was continuous demand of car. On one occasion, she was beaten up by her mother-in-law and sister-in-law and her husband slapped her. The police was informed. Even thereafter, there was no change in their attitude. She demanded back her jewellery but they refused to return the same. On account of the aforesaid dispute, finally, the matter was reported to the police and present FIR was registered. 3. Petitioner filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 21.07.2025, 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 Additional Chief Judicial Magistrate, Hisar dated 22.08.2025. Statement of respondent No.2 has been recorded where she confirmed the compromise with petitioner. She confirmed that this compromise has been effected voluntarily, without any coercion or undue influence and she has no objection regarding quashing of FIR. 4. Petitioner- Narender Saini also confirmed this fact in his statement. Statement of SI Krishan Chander is also recorded who confirmed that petitioner is not involved or declared as proclaimed offender in any other criminal case. SUNIL DEVI 2025.09.26 12:27 I attest to the accuracy and integrity of this document CRM-M-38365-2025 -3- 5. Therefore, from the report of Additional Chief Judicial Magistrate, Hisar 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 and started residing together. Now, they will be able to live 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 petitioner is accepted and FIR No.0975 dated 22.11.2024, registered under Sections 323, 406, 498-A of IPC 1860 at Police Station Sadar Hisar, District Hisar (Annexure P-1) and all subsequent proceedings arisen therefrom are quashed qua petitioner- Narender Saini. (AMARJOT BHATTI ) JUDGE 23.09.2025. Sunil Devi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No SUNIL DEVI 2025.09.26 12:27 I attest to the accuracy and integrity of this document