Extracted from the PDF above. The PDF is authoritative.
CRM-M-51278-2024
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 270
CRM-M-51278-2024
Date of decision : 24.03.2025
Jagjit Singh and Anr. ...... Petitioners
V/S State of Punjab and Anr. ..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI
Present: Mr. Dhanpat Rai, Advocate for Mr. Inderjit Sharma, Advocate for petitioners. Mr. Japjot Singh, AAG, Punjab. Mr. Arun Kumar Sharma, Advocate for respondent No.2. ****
AMARJOT BHATTI J. (ORAL)
1. Petitioners- Jagjit Singh and Tarlok Singh have filed instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.0108 dated 10.11.2021, under Sections 406 & 498-A of IPC, registered at Police Station Women, Ludhiana (Annexure P-1) and all subsequent proceedings arising therefrom on the basis of compromise (Annexure P-2). 2. As per facts of the case, complainant Amandeep Kaur filed written complaint against her husband Jagjit Singh and others for causing harassment and giving threats to divorce her. She submitted that soon after marriage, her husband and in-laws family started harassing her on petty matters. Whenever she fell sick, she was told to give her salary then only they will get medicine for her. She was not permitted to meet her parents. On the day of Rakhi festival, her brother came along with her parents. She accompanied her parents to her parental home. Nobody came to pick her up. Her father left her in the matrimonial home Sunil Devi 2025.03.27 10:02 I attest to the accuracy and integrity of this document
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and thereafter, her husband and in-laws family started harassing her all the more. She has narrated various incidents when she was illtreated by her in-laws and was not permitted to meet her parental family. Ultimately, the matter was reported to the police. 3. Petitioners filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 18.10.2024, 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, Ludhiana dated 05.12.2024. 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- Jagjit Singh and Tarlok Singh also confirmed this fact in their joint statement. Statement of SI Sukhwinder Singh is also recorded who confirmed that petitioners are not involved or declared as proclaimed offender in any other criminal case. 5. Therefore, from the report of Judicial Magistrate Ist Class, Ludhiana, 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.5,00,000/- which were already paid by petitioners to complainant at the time of compromise. Thereafter, they will be able to live independently in peace and Sunil Devi 2025.03.27 10:02 I attest to the accuracy and integrity of this document
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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 petitioners is accepted and FIR No.0108 dated 10.11.2021, under Sections 406 & 498-A of IPC, registered at Police Station Women, Ludhiana (Annexure P-1) and all subsequent proceedings arising therefrom are quashed qua petitioners. (AMARJOT BHATTI )
JUDGE
24.03.2025.
Sunil Devi
Whether speaking/reasoned: Yes/No
Whether Reportable:
Yes/No Sunil Devi 2025.03.27 10:02 I attest to the accuracy and integrity of this document