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2026 DAILYLAW 37346 (PNJ)

VIR SINGH AND OTHERS v. STATE OF HARYANA AND ANR

CRM-M/22961/2026 · 2026-09-03

Shalini Singh Nagpal

body2026

Judgment text

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CRM-M-22961-2026 (O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH 279 CRM-M-22961-2026(O&M) Date of Decision: 03.09.2026 VIR SINGH AND OTHERS ...Petitioners VERSUS STATE OF HARYANA AND ANOTHER ...Respondents CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. B.S. Tewatia, Advocate for the petitioners. Mr. Kshitij Bharati, Assistant Advocate General, Haryana. Mr. Yuvraj Rao, Advocate for respondent No. 2. **** SHALINI SINGH NAGPAL, J. (ORAL) 1. Petitioners seek quashing of FIR No. 43 dated 02.02.2020 under Sections 328, 34 Indian Penal Code, Police Station Mundkati, District Palwal all subsequent proceedings arising therefrom, on the basis of compromise. 2. Vide order dated 23.07.2026, this Court directed the parties to appear before the trial Court/Illaqa Magistrate for recording of their statements with regard to compromise. 3. In compliance of order dated 23.07.2026, parties appeared before learned Additional Sessions Judge, Palwal on 05.08.2026. Statement of Investigating Officer SI Harpal Singh, No. 247 PWL, posted at Police Station Mundkati, Palwal was recorded on 14.08.2026. Learned Additional Sessions Judge, Palwal has submitted her report recording satisfaction that all the parties have entered into a valid compromise without any influence or coercion. Relevant portion of the report is reproduced as under: AJAY GOSWAMI 2026.09.03 19:57 I attest to the accuracy and integrity of this document CRM-M-22961-2026 (O&M) -2- “1. Number of accused arraigned in the FIR; Ans: Number of accused arraigned in the FIR are four. 2. Number of accused who have appeared before the trial court and made statements; Ans: Number of accused who have appeared before the trial court and made statements are three namely Vir Singh, Bhagwati and Raj Singh. Proceedings against accused Charan Singh were dropped vide order dated 27.9.2024 being died dead. 3. Whether during investigation, any additional accused has been added and he/she is a party to the compromise; Ans: As per SI Harpal, no additional accused has been added. 4. Whether any of the accused is an absconder/ proclaimed person(s); Ans: As per SI Harpal, no accused has been declared as absconder/proclaimed person. 5. Whether after the registration of the FIR, any offence was added or deleted during investigation; Ans: As per SI Harpal, no offence was added or deleted during investigation. 6. Whether investigation is pending against any of the accused or any accused has been declared as innocent; Ans: As per SI Harpal, investigation is pending against accused Vir Singh and no accused has been declared as innocent. 7. Name(s) of the complainant and injured/aggrieved; AJAY GOSWAMI 2026.09.03 19:57 I attest to the accuracy and integrity of this document CRM-M-22961-2026 (O&M) -3- Ans: Name(s) of the complainant /injured/aggrieved is Sangeeta. 8. Whether all injured/aggrieved have appeared and their statements recorded; Ans: Yes, injured/aggrieved Sangeeta appeared and her statement was recorded, 9. The stage at which the trial is pending; Ans: The trial is at the stage of prosecution evidence. 10. Satisfaction of the Trial Court that the compromise is genuine, voluntary and out of free will of the parties; Ans: Yes, the compromise is genuine, voluntary and without any coercion or undue influence. 11. Whether any other criminal case or proceedings is pending against the accused; Ans: As per statement of SI Harpal, accused namely Vir Singh, Raj Singh, Bhagwati and Charan Singh, are also involved in case bearing FIR No. 94 dated 26.03.2021, u/ss. 498-A, 323, 328, 354, 506, 34 of IPC, PS Gadpuri, Palwal. 12. Whether any I.O. appeared or not and if appeared, his/her statement be recorded or not; Ans: SI Harpal, posted at PS Mundkati appeared and his statement was recorded.” 4. Learned State counsel and learned counsel for respondent No. 2 have not raised any dispute regarding the factum of compromise. The FIR arises out of a matrimonial discord and a petition under Section 13-B of Hindu AJAY GOSWAMI 2026.09.03 19:57 I attest to the accuracy and integrity of this document CRM-M-22961-2026 (O&M) -4- Marriage Act has been filed seeking dissolution of marriage by mutual compromise. Since the matter has been amicably resolved, continuation of the criminal proceedings would be an exercise in futility. The dispute which has its genesis in a matrimonial discord warrants exercise of powers under Section 528 BNSS. Criminal antecedents of the accused cannot be the sole consideration to decline the quashing of proceedings in the FIR. 5. Following principles of law laid down by the Full Bench Judgment of this Court in “Kulwinder Singh and others Vs. State of Punjab and another” 2007(3) RCR (Criminal) 1052 and Hon’ble Supreme Court in “Gian Singh Versus State of Punjab and others” (2012) 10 SCC 303, the petition is allowed. 6. FIR No. 43 dated 02.02.2020 under Sections 328, 34 Indian Penal Code, Police Station Mudkati, District Palwal along with all the subsequent proceedings arising therefrom, are quashed qua the petitioners. 7. Pending CRM(s), if any, also stand disposed of. (SHALINI SINGH NAGPAL) September 03, 2026 JUDGE Ajay Goswami Whether speaking/reasoned : Yes/No Whether reportable : Yes/No AJAY GOSWAMI 2026.09.03 19:57 I attest to the accuracy and integrity of this document