Punjab-Haryana High Court
Xxxxxxxxxxxx vs Xxxxxxxxxxxx on 21 April, 2026
-1-
CRM-16836
16836-2026 in/and CRM-M-61054-2024
2024 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(121+241)
CRM-16836-2026 in/and
CRM-M-61054-2024 (O&M)
Date of Decision:- 21.04.2026
DEEPAK
......Petitioner
Versus
STATE OF HARYANA AND ANOTHER
......Respondents
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
****
Present: Mr. Sachin Rai Vaid, Advocate for the petitioner.
(through VC).
Ms. Aditi Giridhar, AAG, Haryana.
Mr. Ravinder Singh, Advocate and
Mr. Rajinder Yadav, Advocate for respondent No.2.
ALOK JAIN, J. (Oral)
CRM-16836 16836-2026 The present application has been filed for placing on record Annexure P-10.
P Application is allowed as prayed for subject to just exceptions. Annexure P-10 10 is taken on record record.
CRM-M-61054 61054-2024
1. The present petition has been filed under Section 528 of BNSS, 2023 seeking quashing of FIR No.0299 dated 03.06.2023 under Section 506 of MANJU IPC and Section 4 of POCSO Act, registered at Police Station Naraingarh, 2026.04.24 11:49 I attest to the accuracy and integrity of this document -2- CRM-16836 16836-2026 in/and CRM-M-61054-2024 2024 (O&M) District Ambala, Haryana Har (Annexure P-1)
1) and the challan/report under Section 173 Cr.P.C. Dated 07.07.2023, under Sections 323, 342, 506 of IPC and Section 6 of POCSO Act (Annexure P P-2)
2) and the consequent charge sheet dated 17.08.2023 under Sections 323, 342, 328, 506 and 376 of IP IPC C and Section 6 of POCSO Act (Annexure P P-3) and consequential proceedings arising therefrom on the basis of compromise dated 01.05.2024 (Annexure P-4).
2. Learned counsel for the petitioner submitted that the FIR was lodged under family pressure and thatt the case essentially arose out of an adolescent relationship. Both the petitioner and the complainant have supported each other and have taken their relationship forward by entering into matrimonial relationship.
relationship. The petitioner has undertaken to maintain his wife and child. It is further submitted that the pendency of the FIR is causing unnecessary hardship in their day-to day to-day life.
3. Learned counsel for the petitioner has relied upon the judgment of the Hon'ble Supreme Court of India in "K. Kirubakaran vs. State of Tamil Nadu", Nadu" 2025 INSC 1272,, wherein, while exercising powers under Article 142 of the Constitution of India to do "complete justice",, the Hon'ble Supreme Court quashed criminal proceedings, including conviction and sentence, as the parties had ad solemnized marriage and also had a child. It was observed that although proceedings relating to heinous offences ordinarily cannot be quashed on the basis of compromise, however, the law must yield to the cause of justice in appropriate cases. MANJU Learned counsel has also been placed reliance on the judgment passed by 2026.04.24 11:49 I attest to the accuracy and integrity of this document -3- CRM-16836 16836-2026 in/and CRM-M-61054-2024 2024 (O&M) the Coordinate Bench of this Court in Neeraj vs. State of Haryana {2025(RCR (Criminal) 706}, 706}, wherein it was held that no fruitful purpose would be served by relegating the parties to trial, particularly when the victim is likely to turn hostile and the exercise would be futile.
4. Keeping in view the fact that the par parties ties entered into a settlement, the Coordinate Bench of this Court vide order dated 09.12.2024 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 18.12.2024 has been received from Additional Sessions Judge, Fast Track Special Court under POCSO POCSO Act, Ambala stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence.
5. Learned State counsel and learned counsel appearing on behalf of respondent No.2 admit the factum off compromise and submit that they have no objection in quashing of the FIR on that basis.
6. Heard learned counsel for the parties.
7. The facts which requires consideration of this Court is that the FIR was lodged by the complainant on 03.06.2023 alleging commission of serious offences when she was aged 17 years and 10 months months,, whereas the petitioner was about 20 years of age. It is apparent that the case arise out of an adolescent relationship.. During the pendency of the said FIR, the parties approached this Court by filing CRWP-2641 CRWP 2641-2024 2024 seeking protection of their life and liberty. The matter was referred to the Mediation and MANJU Conciliation Centre Centre of this Court, where the parties amicably resolved their 2026.04.24 11:49 I attest to the accuracy and integrity of this document -4- CRM-16836 16836-2026 in/and CRM-M-61054-2024 2024 (O&M) dispute. Since the petitioner had not attained the legal age of marriage at that time and the complainant had attained majority, it was agreed that the parties would solemnize marriage upon the pet petitioner itioner attaining marriageable age. Subsequently, on 23.08.2024, after attaining the marriageable age, the petitioner solemnized marriage with the complainant, and the couple has since been blessed with a child.
8. Considering that there here is no objection from either side of the family, in such circumstances, continuation of the criminal proceedings would serve no useful purpose and would only burden the system.
9. Moreover, inn view of the peculiar facts and ccircumstances ircumstances of the case a well as the judgment judgment passed by the Hon'ble Supreme Court in the case of K. Kirubakaran (supra) and the judgment passed by the Coordinate Bench of this Court in case of Neeraj (supra (supra), this Court is of the opinion that the ends of justice would be met if the FIR is quashed.
10. Consequently, the present petition is allowed. FIR No. 0299 dated 03.06.2023 under Section 506 of IPC and Section 4 of the POCSO Act, registered at Police Station Naraingarh, District Ambala, Haryana, and all subsequent proceedings arising therefrom, are hereby quashed qua the petitioner, subject to payment of costs of Rs. 10,000/ 10,000/- to be deposited within a period of two months from today with the Indian Red Cross Society, UT Branch, Chandigarh (SBI New Haryana Secretariat, Sector Sector--
17, Chandigarh, A/c No.44938097476, No.44938097476, IFSC Code: SBIN0010603, UPI ID: 06280730090@sbi).
06280730090@sbi) MANJU 2026.04.24 11:49 I attest to the accuracy and integrity of this document -5- CRM-16836 16836-2026 in/and CRM-M-61054-2024 2024 (O&M)
11. The he petitioner shall also prepare an FDR of Rs. 50,000/ 50,000/- in a Nationalized Bank in the name of the child within a pe period riod of two months from today, with its maturity date fixed to coincide with the date on which the minor child attains the age of majority. The princip principal as well as the interest amount shall be utilized only for the welfare of the child.
12. It is, however, made clear that the present order is passed in the peculiar facts and circumstances of the case and shall not be treated as a precedent.
13. Pending application(s), if any, stands disposed of.
(ALOK JAIN)
April
pril 21, 2026 JUDGE
manju
Whether speaking/reasoned:-
speaking/reasoned: Yes/No
Whether Reportable:-
Reportable: Yes/No
MANJU
2026.04.24 11:49
I attest to the accuracy and
integrity of this document