[Cites 4, Cited by 0]
Punjab-Haryana High Court
Xxxxxxxxxxxx vs Xxxxxxxxxxxx on 9 April, 2026
CRM-M-7384-2026 (O&M) -1-
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
267
CRM-M-7384-2026 (O&M)
Date of Decision: 09.04.2026
RINKU ...Petitioner
VERSUS
STATE OF HARYANA AND ANOTHER ...Respondents
CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL
Present: Ms. Pallavi Babbar, Advocate
for the petitioner.
Mr. Ashwani Kumar Saini, DAG Haryana.
Mr. Kushager Goyal, Advocate
for respondent No. 2.
****
SHALINI SINGH NAGPAL, J. (ORAL)
1. Petitioner seeks quashing of FIR No. 598 dated 17.10.2024 under
Sections 323, 498-A and 506 Indian Penal Code, Police Station Gharaunda,
District Karnal and all subsequent proceedings arising therefrom, on the basis
of compromise dated 12.01.2026.
2. On 10.02.2026 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 the orders dated 10.02.2026, parties appeared
before learned Sub Divisional Judicial Magistrate, Gharaunda on 19.02.2026.
Statement of the Investigating Officer, SI Umesh Kumar No. 231/KNL, P.S.
Gharaunda, District Karnal was recorded on 25.02.2026. Learned Sub
Divisional Judicial Magistrate, Gharaunda has submitted his report recording
CRM-M-7384-2026 (O&M) -2-
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:
"(1) In the FIR, three accused have been arraigned therein, i.e.,
Rinku, Kamla, and Raghubir as is reflected in column No. 7 therein.
(2) The accused (Rinku) appeared before this Court for recording his
statement.
(3) During the investigation, no additional accused has been added.
(4) As per the statement of the I.O., the accused (Rinku) has not been
declared as proclaimed offender/person in this or any other FIR.
(5) As per the statement of L.O., after the registration of the FIR, no
offence has been added or deleted during the investigation.
(6) The investigation is pending against the accused persons as
police report has not been filed in the Court declaring innocence or
inculpation of the accused in the alleged offence. However, the IO
has reported that closure report qua Kamla and Raghubir has been
prepared but has not been forwarded to this court.
(7) Name of the complainant is Poonam Devi.
(8) The injured/aggrieved Poonam appeared before the Court for her
statement which has been duly recorded.
(9) The present case is at the stage of the investigation as police
report has not been filed in the Court.
(10) After evaluating the statements of the complainant and the
accused, the compromise arrived between the parties appears to be
genuine, voluntary and out of free will.
CRM-M-7384-2026 (O&M) -3-
(11) As per the statement of the I.O., no other criminal case is
pending against the accused persons.
(12) The Investigating Officer S.I. Umesh Kumar appeared before the
Court for his statement."
5. As per report of learned trial Court, there were three accused
arraigned in the FIR i.e. Rinku, Kamla and Raghubir.
6. Learned State counsel submits that police has already filed closure
report against Raghubir and Kamla on 21.12.2024. Petitioner has annexed the
closure report against the said accused. The same is Annexure P-2. Learned
State counsel and learned counsel for respondent No. 2 have not raised any
dispute regarding the factum of compromise. The dispute which has its genesis
in a matrimonial discord warrants exercise of powers under Section 528 BNSS.
7. Since the matter has been amicably resolved, continuation of the
criminal proceedings would be an exercise in futility. 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.
8. FIR No. 598 dated 17.10.2024 under Sections 323, 498-A and 506
Indian Penal Code, Police Station Gharaunda, District Karnal along with all the
subsequent proceedings arising therefrom, is quashed qua the petitioner.
(SHALINI SINGH NAGPAL)
APRIL 09, 2026 JUDGE
Ajay Goswami
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
