[Cites 6, Cited by 0]
Punjab-Haryana High Court
Xxxxxxxxxxxx vs Xxxxxxxxxxxx on 7 April, 2026
1
CRM-M-848-2026 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
255
CRM-M-848-2026 (O&M)
Date of decision: 07.04.2026
ABHITESH BHATIA
...PETITIONER
VERSUS
STATE OF HARYANA AND ANOTHER
...RESPONDENTS
CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL
Present: Mr. Gourav Jain, Advocate for the petitioner.
Mr. Kshitij Bharti, AAG Haryana.
Mr. Sharndeep Singh, Advocate for
Mr. Rajender Sorout, Advocate for respondent No.2.
***
Shalini Singh Nagpal, J. (Oral)
1. Petitioner seeks quashing of FIR No.646 dated 14.12.2024 under
Sections 498-A, 406, 506 and 34 IPC, Police Station City Tohana, District
Fatehabad and all consequential proceedings arising therefrom, on the basis of
compromise dated 24.09.2025. Section 34 IPC has been deleted from the FIR
during investigation.
2. On 13.01.2026, this Court directed the parties to appear before
learned trial Court/Illaqa Magistrate for recording of their statements with
regard to compromise dated 24.09.2025.
3. In compliance of the aforesaid order, parties appeared before
learned Sub Divisional Judicial Magistrate, Tohana on 15.01.2026. Statement
of Investigating Officer ASI Sarvjeet Kaur was recorded on 16.01.2026.
Learned Sub Divisional Judicial Magistrate, Tohana has submitted his report
recording satisfaction that all the parties have entered into a valid compromise
without any influence or coercion. Point-wise report as under has been
submitted:
"Accused, Investigating Officer as well as the complainant have ap-
peared before this court in person and suffered their statements.
HARPREET SINGH CHAUHAN
2026.04.08 11:13
I agree to specified portions of
this document
CRM-M-848-2026 (O&M)
Being satisfied that the statements were being voluntarily made,
statements of both the concerned parties were recorded on oath.
Complainant namely Neha Bhatia has suffered a separate statement
to the effect that she is complainant in case FIR no.646 dated
14.12.2024, under Sec-tions 498-A, 406, 506 & 34 of Indian Penal
Code (Section 34 of IPC deleted later on) registered at P.S City
Tohana against accused namely Abhitesh son of Sh. Arun Bhatia,
resident of 2722, Sector-65, Faridabad, Haryana. She has further
stated that a compromise has been effected between her and
aforesaid accused on 24.09.2025 and on the basis of which, a
petition no. CRM-M-848-2026 for quash-ing of aforesaid FIR, has
been filed in the Hon'ble High Court of Punjab and Haryana. The
compromise has been arrived at amicably, without any pressure,
undue influence or coercion. She has no objection if the aforesaid
FIR is quashed.
On the other hand, accused Abhitesh suffered his separate statement
to the effect that he is accused in case FIR no.646 dated 14.12.2024,
under Sections 498-A, 406, 506 & 34 of Indian Penal Code (Section
34 of IPC deleted later on) registered at P.S City Tohana. He further
stated that a compromise has been ef-fected between him and
complainant Neha Bhatia on 24.09.2025 and on the basis of which,
a petition no. CRM-M 848-2026 for quashing of aforesaid FIR, has
been filed in the Hon'ble on'ble High Court of Punjab and Haryana.
The compromise has been arrived at amicably, without any pressure,
undue influence or coercion. He has no objection if the aforesaid
FIR is quashed.
It is also humbly submitted that ASI Saravjeet Kaur no. 155, P.S.
Sadar Tohana has also appeared in person and suffered her
statement recorded separately that in case FIR no.646 dated
14.12.2024, under Sections 498-A, 406, 506 & 34 of Indian Penal
Code (Section 34 of IPC deleted later on), registered at P.S City
Tohana, District Fatehabad, only one accused namely Abhitesh son
of Sh. Arun Bhatia has been arrayed as accused. The above-named
accused has not been de-clared proclaimed offender in the present
case as well as any other case and is not involved in any other FIR.
In view of the statements of interested parties, this court is satisfied
that the compromise has been arrived between the parties and the
said compromise is voluntary and without any pressure. All the
HARPREET SINGH CHAUHAN
2026.04.08 11:13
I agree to specified portions of
this document
CRM-M-848-2026 (O&M)
interested parties have appeared in person and suffered their
statements in the Court. The compromise is genuine, voluntary and
out of free will of the parties. Only one accused namely Abhitesh has
been arrayed as accused in the present FIR. No other criminal case
is pending against the accused Abhitesh and he has not been
declared proclaimed offender in the present FIR or other case."
4. Learned State counsel and learned counsel for respondent No.2
have not raised any dispute regarding the factum of compromise. Reply by way
of affidavit of Mr. Jai Bhagwan, HPS, Deputy Superintendent of Police,
Tohana, Fatehabad has been filed by respondent No.1-State, which is taken on
record. 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 of Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023.
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.646 dated 14.12.2024 under Sections 498-A, 406 and 506
IPC, Police Station City Tohana, District Fatehabad and all consequential
proceedings arising therefrom, are quashed qua the petitioner, on the basis of
compromise dated 24.09.2025.
7. Pending applications, if any, stand disposed of.
(SHALINI SINGH NAGPAL)
JUDGE
07.04.2026
HS.CHAUHAN
Whether Speaking/Reasoned : Yes/No
Whether Reportable : Yes/No
HARPREET SINGH CHAUHAN
2026.04.08 11:13
I agree to specified portions of
this document
