CRM-M-31250 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 134 RAKESH NEGI STATE OF HARYANA CORAM: HON’BLE MS. JUSTICE KIRTI SINGH Present: Mr. Mr. KIRTI SINGH, J. (ORAL) 1. Petitioner seeks quashing of FIR No. Sections 137 and 96 of BNS (Sections 359 and 366A IPC) and a offences added therein including Sections 65(1), 64(2)M, 332(B), 318(4), 61(2), 64(2)(f) of BNS (earlier Sections 376(3), 376 read with Sections 4, 6 and 21 of the POCSO Act, Bass, District Hisar (Annexure P therefrom. 2. The contents of the FIR are reproduced as under: -1- 31250-2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-31250 DATE OF DECISION: NEGI Versus STATE OF HARYANA HON’BLE MS. JUSTICE KIRTI SINGH Mr. Vansh, Advocate for the petitioner(s). Mr. Anmol Malik, DAG, Haryana. **** KIRTI SINGH, J. (ORAL) Petitioner seeks quashing of FIR No. 137 and 96 of BNS (Sections 359 and 366A IPC) and a offences added therein including Sections 65(1), 64(2)M, 332(B), 318(4), 61(2), 64(2)(f) of BNS (earlier Sections 376(3), 376(2), 450, 420, 120B, 376 read with Sections 4, 6 and 21 of the POCSO Act, s, District Hisar (Annexure P-1) and all consequential proceedings arising The contents of the FIR are reproduced as under: “To, SHO Sahib, Police Station Baas, Subject: For registration of missing report. Sir, it is requested that I, Kavi of Anil son of Azad caste Dhanak is resident of Mohla, Tehsil Baas, District Hisar. On 14.08.2024, my minor girl Haryana Senior Secondary School who have not returned back until now. Shape of my daughter is as under: colour w 5'4", round face, age 14 years 6 months, black colour frock and wore blue colour slippers in feet. I have inquired in all my relatives and neighbourhood, however, till today, no whereabout can be found. My daughter is minor and I have fully su IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 31250-2026 DATE OF DECISION: 29.05.2026 … Petitioner (s) ... Respondent(s) HON’BLE MS. JUSTICE KIRTI SINGH , Advocate for the petitioner(s). , Haryana. Petitioner seeks quashing of FIR No. 187 dated 14.08.2024 under 137 and 96 of BNS (Sections 359 and 366A IPC) and all subsequent offences added therein including Sections 65(1), 64(2)M, 332(B), 318(4), 61(2), 2), 450, 420, 120B, 376(2)(f) IPC) read with Sections 4, 6 and 21 of the POCSO Act, registered at Police Station 1) and all consequential proceedings arising The contents of the FIR are reproduced as under: To, SHO Sahib, Police Station Baas, Subject: For registration of missing report. Sir, it is requested that I, Kavita wife of Anil son of Azad caste Dhanak is resident of Mohla, Tehsil Baas, District Hisar. On 14.08.2024, my minor girl xxxx went for study in Haryana Senior Secondary School who have not returned back until now. Shape of my daughter is as under: colour white, length 5'4", round face, age 14 years 6 months, black colour frock and wore blue colour slippers in feet. I have inquired in all my relatives and neighbourhood, however, till today, no whereabout can be found. My daughter is minor and I have fully suspicion that Monu under ll subsequent offences added therein including Sections 65(1), 64(2)M, 332(B), 318(4), 61(2), 2)(f) IPC) Police Station 1) and all consequential proceedings arising To, SHO Sahib, Police Station Baas, Subject: For ta wife of Anil son of Azad caste Dhanak is resident of Mohla, Tehsil Baas, went for study in Haryana Senior Secondary School who have not returned back hite, length 5'4", round face, age 14 years 6 months, black colour frock and wore blue colour slippers in feet. I have inquired in all my relatives and neighbourhood, however, till today, no whereabout can be spicion that Monu SWARNJIT SINGH 2026.05.29 18:16 I attest to the accuracy and integrity of this document CRM-M-31250 3. Learned couns petitioner was neither named in the FIR nor any allegation whatsoever was levelled against him either in the complaint, counselling report or in the statement of the prosecutrix recorded during investigatio allegation against the petitioner Hotel, Haridwar, where the main accused is alleged to have stayed with the prosecutrix. Learned counsel further submits that effected from the petitioner nor was any overt course of investigation. hotel manager, merely performed his official duties by recording the particular furnished by the guests at the time of check register in the ordinary course of business. initially cited as a prosecution witness in the challan and was subsequently arrayed as an accused without any fresh or incriminating material having surfaced against him. It is further submitted that the petitioner has already been granted regular bail by this Court noticing the absence of any speci continuation of the criminal proceedings against the petitioner would amount to an abuse of the process of law and, therefore, the impugned FIR and all consequential proceedings deserve to be quashed qua t 4. Per contra, l petition and submits that the in nature, and cannot be permitted to be quashed -2- 31250-2026 (O&M) son of Prem caste Dhanak Mobile No.9467114819 has fled away my daughter. Hence, it is requested to you that kindly take immediate action against Monu above and my girl handed over us safely. I shall be thankful to you. Learned counsel for the petitioner petitioner was neither named in the FIR nor any allegation whatsoever was levelled against him either in the complaint, counselling report or in the statement of the prosecutrix recorded during investigatio allegation against the petitioner is that he was working as Manager of Ashoka Hotel, Haridwar, where the main accused is alleged to have stayed with the Learned counsel further submits that the petitioner nor was any overt course of investigation. It is further contended that the petitioner, being a salaried hotel manager, merely performed his official duties by recording the particular furnished by the guests at the time of check-in and making entries in the hotel register in the ordinary course of business. He also initially cited as a prosecution witness in the challan and was subsequently n accused without any fresh or incriminating material having surfaced against him. It is further submitted that the petitioner has already been granted regular bail by this Court in CRM-M-18504 of 2025 on 29.04.2025 noticing the absence of any specific role attributed to him. continuation of the criminal proceedings against the petitioner would amount to an abuse of the process of law and, therefore, the impugned FIR and all consequential proceedings deserve to be quashed qua t Per contra, learned State counsel has vehemently opposed petition and submits that the allegations levelled against the petitioner are heinous in nature, and cannot be permitted to be quashed son of Prem caste Dhanak Mobile No.9467114819 has fled away my daughter. Hence, it is requested to you that kindly take immediate action against Monu above and my girl handed over us safely. I shall be thankful to you.” el for the petitioner inter alia submits that the petitioner was neither named in the FIR nor any allegation whatsoever was levelled against him either in the complaint, counselling report or in the statement of the prosecutrix recorded during investigation. It is contended that the only that he was working as Manager of Ashoka Hotel, Haridwar, where the main accused is alleged to have stayed with the Learned counsel further submits that neither any recovery w the petitioner nor was any overt act attributed to him during the It is further contended that the petitioner, being a salaried hotel manager, merely performed his official duties by recording the particular in and making entries in the hotel also submits that the petitioner was initially cited as a prosecution witness in the challan and was subsequently n accused without any fresh or incriminating material having surfaced against him. It is further submitted that the petitioner has already been granted 18504 of 2025 on 29.04.2025, while fic role attributed to him. It is thus prayed that continuation of the criminal proceedings against the petitioner would amount to an abuse of the process of law and, therefore, the impugned FIR and all consequential proceedings deserve to be quashed qua the petitioner. has vehemently opposed the present allegations levelled against the petitioner are heinous in nature, and cannot be permitted to be quashed since the alleged acts are not j son of Prem caste Dhanak Mobile No.9467114819 has fled away my daughter. Hence, it is requested to you that kindly take immediate action against Monu above and my girl handed over us submits that the petitioner was neither named in the FIR nor any allegation whatsoever was levelled against him either in the complaint, counselling report or in the statement n. It is contended that the only that he was working as Manager of Ashoka Hotel, Haridwar, where the main accused is alleged to have stayed with the was attributed to him during the It is further contended that the petitioner, being a salaried hotel manager, merely performed his official duties by recording the particulars in and making entries in the hotel submits that the petitioner was initially cited as a prosecution witness in the challan and was subsequently n accused without any fresh or incriminating material having surfaced against him. It is further submitted that the petitioner has already been granted while It is thus prayed that continuation of the criminal proceedings against the petitioner would amount to an abuse of the process of law and, therefore, the impugned FIR and all present allegations levelled against the petitioner are heinous just SWARNJIT SINGH 2026.05.29 18:16 I attest to the accuracy and integrity of this document CRM-M-31250 offences against the individual, but are crimes against the State, having serious societal impacts. total 28 prosecution witnesses none has been examined till date. He further submits that the victim was merely 14 years of age. as per the medical report, the DNA profile of the main accused matched with that of the victim. 5. Heard learned counsel on either side and perused the judicial record with their able a 6. It is settled law that the Courts must not invoke its extraordinary jurisdiction to quash FIRs as a matter of routine. It is only in exceptional circumstances, where not even a accused person, miscarriage of justice, that an FIR should be quashed. The Hon'ble Supreme Court in State Vs. M. Maridoss & Anr. 2023(4) SCC 338 "9. Even otherwise, it is a settled position o powers under Section 482, CrPC, the High Court is not required to conduct the mini trial. What is required to be considered at that stage is the nature of accusations and allegations in the FIR and whether the averments/allegati the cognizable offence or not. 7. With respect to the settled law regarding quashing of criminal proceedings, a gainful reference can also be made to the criteria laid down by the Hon’ble Supreme Co The State of Uttar Pradesh and Anr., Criminal Appeal No. 3831 of 2025 decided on 02.09.2025 -3- 31250-2026 (O&M) offences against the individual, but are crimes against the State, having serious societal impacts. He submits that charges were framed on 07.11.2025 and out of total 28 prosecution witnesses none has been examined till date. He further e victim was merely 14 years of age. as per the medical report, the DNA profile of the main accused matched with that Heard learned counsel on either side and perused the judicial record with their able assistance. It is settled law that the Courts must not invoke its extraordinary jurisdiction to quash FIRs as a matter of routine. It is only in exceptional circumstances, where not even a prima facie case can be established against the accused person, or that continuing of criminal proceedings would amount to gross miscarriage of justice, that an FIR should be quashed. The Hon'ble Supreme Court State Vs. M. Maridoss & Anr. 2023(4) SCC 338 "9. Even otherwise, it is a settled position o powers under Section 482, CrPC, the High Court is not required to conduct the mini trial. What is required to be considered at that stage is the nature of accusations and allegations in the FIR and whether the averments/allegations in the FIR prima facie discloses the commission of the cognizable offence or not." With respect to the settled law regarding quashing of criminal proceedings, a gainful reference can also be made to the criteria laid down by the Hon’ble Supreme Court in the judgment passed in The State of Uttar Pradesh and Anr., Criminal Appeal No. 3831 of 2025 decided on 02.09.2025. The relevant portion thereof reads thus: offences against the individual, but are crimes against the State, having serious He submits that charges were framed on 07.11.2025 and out of total 28 prosecution witnesses none has been examined till date. He further e victim was merely 14 years of age. It has further been stated that as per the medical report, the DNA profile of the main accused matched with that Heard learned counsel on either side and perused the judicial record It is settled law that the Courts must not invoke its extraordinary jurisdiction to quash FIRs as a matter of routine. It is only in exceptional case can be established against the or that continuing of criminal proceedings would amount to gross miscarriage of justice, that an FIR should be quashed. The Hon'ble Supreme Court State Vs. M. Maridoss & Anr. 2023(4) SCC 338 held as under:- "9. Even otherwise, it is a settled position of law that while exercising powers under Section 482, CrPC, the High Court is not required to conduct the mini trial. What is required to be considered at that stage is the nature of accusations and allegations in the FIR and whether the ons in the FIR prima facie discloses the commission of With respect to the settled law regarding quashing of criminal proceedings, a gainful reference can also be made to the criteria laid down by the urt in the judgment passed in Pradeep Kumar Kesarwani vs. The State of Uttar Pradesh and Anr., Criminal Appeal No. 3831 of 2025 . The relevant portion thereof reads thus: offences against the individual, but are crimes against the State, having serious He submits that charges were framed on 07.11.2025 and out of total 28 prosecution witnesses none has been examined till date. He further It has further been stated that as per the medical report, the DNA profile of the main accused matched with that Heard learned counsel on either side and perused the judicial record It is settled law that the Courts must not invoke its extraordinary jurisdiction to quash FIRs as a matter of routine. It is only in exceptional case can be established against the or that continuing of criminal proceedings would amount to gross miscarriage of justice, that an FIR should be quashed. The Hon'ble Supreme Court f law that while exercising powers under Section 482, CrPC, the High Court is not required to conduct the mini trial. What is required to be considered at that stage is the nature of accusations and allegations in the FIR and whether the ons in the FIR prima facie discloses the commission of With respect to the settled law regarding quashing of criminal proceedings, a gainful reference can also be made to the criteria laid down by the Pradeep Kumar Kesarwani vs. The State of Uttar Pradesh and Anr., Criminal Appeal No. 3831 of 2025, SWARNJIT SINGH 2026.05.29 18:16 I attest to the accuracy and integrity of this document CRM-M-31250 “20. prayer for quashing, raised by an accused by invoking the power vested in the High Court under Section 482 of the Cr.P.C.: (i) Step one, whether the material relied upon by the accused is sound, reasonable, and indubitable, i.e., the materials is and impeccable quality? (ii) Step two, whether the material relied upon by the accused, would rule out the assertions contained in the charges levelled against the accused, i.e., the material is sufficient to reject and overrule the factual ass such, as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false. (iii) Step three, whether the material relied upon by the accused, has not been refu is such, that it cannot be justifiably refuted by the prosecution/complainant? (iv) Step four, whether proceeding with the trial would result in an abuse of process of the court, and would not serve t justice? If the answer to all the steps is in the affirmative, judicial conscience of the High Court should persuade it to quash such criminal proceedings, in exercise of power vested in it under Section 482 of the Cr.P.C. Such exercise of pow accused, would save precious court time, which would otherwise be wasted in holding such a trial (as well as, proceedings arising therefrom) specially when, it is clear that the same would not conclude in the conviction of Ors. v. Madan Lal Kapoor (Criminal Appeal No. 174 of 2013)].” 8. Reverting to the case at hand, it has been pointed out that charges have been framed on 07.11.2025, out of total 28 prosecution witnesses, none has been examined. the incident. A matched with that of the victim. evidence of providing hotel room and making incorrect entries in hotel register the basis of which he was arraigned -4- 31250-2026 (O&M) “20. The following steps should ordinarily determine the veraci prayer for quashing, raised by an accused by invoking the power vested in the High Court under Section 482 of the Cr.P.C.: (i) Step one, whether the material relied upon by the accused is sound, reasonable, and indubitable, i.e., the materials is and impeccable quality? (ii) Step two, whether the material relied upon by the accused, would rule out the assertions contained in the charges levelled against the accused, i.e., the material is sufficient to reject and overrule the factual assertions contained in the complaint, i.e., the material is such, as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false. (iii) Step three, whether the material relied upon by the accused, has not been refuted by the prosecution/complainant; and/or the material is such, that it cannot be justifiably refuted by the prosecution/complainant? (iv) Step four, whether proceeding with the trial would result in an abuse of process of the court, and would not serve t justice? If the answer to all the steps is in the affirmative, judicial conscience of the High Court should persuade it to quash such criminal proceedings, in exercise of power vested in it under Section 482 of the Cr.P.C. Such exercise of pow accused, would save precious court time, which would otherwise be wasted in holding such a trial (as well as, proceedings arising therefrom) specially when, it is clear that the same would not conclude in the conviction of the accused. [(See: Rajiv Thapar & Ors. v. Madan Lal Kapoor (Criminal Appeal No. 174 of 2013)].” Reverting to the case at hand, it has been pointed out that charges have been framed on 07.11.2025, out of total 28 prosecution witnesses, een examined. The victim was merely 14 years of age As per the medical report, the DNA profile of the main accused matched with that of the victim. During investigation, providing hotel room to the minor girl on manipulated identity proof and making incorrect entries in hotel register was found against the petitioner the basis of which he was arraigned as an accused The following steps should ordinarily determine the veracity of a prayer for quashing, raised by an accused by invoking the power vested in the High Court under Section 482 of the Cr.P.C.:- (i) Step one, whether the material relied upon by the accused is sound, reasonable, and indubitable, i.e., the materials is of sterling (ii) Step two, whether the material relied upon by the accused, would rule out the assertions contained in the charges levelled against the accused, i.e., the material is sufficient to reject and overrule the ertions contained in the complaint, i.e., the material is such, as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false. (iii) Step three, whether the material relied upon by the accused, has ted by the prosecution/complainant; and/or the material is such, that it cannot be justifiably refuted by the (iv) Step four, whether proceeding with the trial would result in an abuse of process of the court, and would not serve the ends of If the answer to all the steps is in the affirmative, judicial conscience of the High Court should persuade it to quash such criminal proceedings, in exercise of power vested in it under Section 482 of the Cr.P.C. Such exercise of power, besides doing justice to the accused, would save precious court time, which would otherwise be wasted in holding such a trial (as well as, proceedings arising therefrom) specially when, it is clear that the same would not the accused. [(See: Rajiv Thapar & Ors. [(See: Rajiv Thapar & Ors. v. Madan Lal Kapoor (Criminal Appeal No. 174 of 2013)].” Reverting to the case at hand, it has been pointed out that the charges have been framed on 07.11.2025, out of total 28 prosecution witnesses, he victim was merely 14 years of age at the time of s per the medical report, the DNA profile of the main accused During investigation, sufficient incriminating to the minor girl on manipulated identity proof was found against the petitioner as an accused. ty of a prayer for quashing, raised by an accused by invoking the power vested in (i) Step one, whether the material relied upon by the accused is of sterling (ii) Step two, whether the material relied upon by the accused, would rule out the assertions contained in the charges levelled against the accused, i.e., the material is sufficient to reject and overrule the ertions contained in the complaint, i.e., the material is such, as would persuade a reasonable person to dismiss and (iii) Step three, whether the material relied upon by the accused, has ted by the prosecution/complainant; and/or the material is such, that it cannot be justifiably refuted by the (iv) Step four, whether proceeding with the trial would result in an he ends of If the answer to all the steps is in the affirmative, judicial conscience of the High Court should persuade it to quash such criminal – proceedings, in exercise of power vested in it under Section 482 of er, besides doing justice to the accused, would save precious court time, which would otherwise be wasted in holding such a trial (as well as, proceedings arising therefrom) specially when, it is clear that the same would not the accused. [(See: Rajiv Thapar & the charges have been framed on 07.11.2025, out of total 28 prosecution witnesses, at the time of s per the medical report, the DNA profile of the main accused sufficient incriminating to the minor girl on manipulated identity proof on SWARNJIT SINGH 2026.05.29 18:16 I attest to the accuracy and integrity of this document CRM-M-31250 9. Trite to say that the extraordinary powers of this Court to quash the FIR are to be exercised when there is no material to proceed petitioner even if the allegations in the Court are which is not so in the present case. the petitioner regarding alleged contradictions, improvements in the versio prosecutrix, absence of specific injuries in the medical evidence and falsity of allegations are all matters relating to appreciation of evidence and determination of credibility of witnesses. 10. Accordingly, upon a cumulative circumspection of t record, this Court is of the opinion that invoking its powers under Section 528 of BNSS is not warranted in the instant case. learned counsel evidence and d be done upon tr 11. Nothing observed hereinabove shall be construed as an opinion on the merits of the case. 12. Pending accordingly. 29.05.2026 SwarnjitS Whether speaking/reasoned Whether reportable -5- 31250-2026 (O&M) Trite to say that the extraordinary powers of this Court to quash the FIR are to be exercised when there is no material to proceed even if the allegations in the Court are which is not so in the present case. The contentions raised by lea regarding alleged contradictions, improvements in the versio prosecutrix, absence of specific injuries in the medical evidence and falsity of allegations are all matters relating to appreciation of evidence and determination of credibility of witnesses. Accordingly, upon a cumulative circumspection of t record, this Court is of the opinion that invoking its powers under Section 528 of BNSS is not warranted in the instant case. counsel for the petitioner are all ma determination of credibility of rial. Therefore, the present petition stand othing observed hereinabove shall be construed as an opinion on the merits of the case. Pending miscellaneous application(s (KIRTI SINGH) Whether speaking/reasoned : Whether reportable : Trite to say that the extraordinary powers of this Court to quash the FIR are to be exercised when there is no material to proceed against the even if the allegations in the Court are prima facie accepted as true, The contentions raised by learned counsel for regarding alleged contradictions, improvements in the version of the prosecutrix, absence of specific injuries in the medical evidence and falsity of allegations are all matters relating to appreciation of evidence and determination Accordingly, upon a cumulative circumspection of the material on record, this Court is of the opinion that invoking its powers under Section 528 All the contentions raised by t atters relating to appreciation the witnesses, which would on Therefore, the present petition stands dismissed. othing observed hereinabove shall be construed as an opinion on ous application(s), if any, are also disposed of (KIRTI SINGH) JUDGE Yes / No Yes / No Trite to say that the extraordinary powers of this Court to quash the against the accepted as true, rned counsel for n of the prosecutrix, absence of specific injuries in the medical evidence and falsity of allegations are all matters relating to appreciation of evidence and determination he material on record, this Court is of the opinion that invoking its powers under Section 528 the of nly othing observed hereinabove shall be construed as an opinion on ), if any, are also disposed of SWARNJIT SINGH 2026.05.29 18:16 I attest to the accuracy and integrity of this document