[Cites 7, Cited by 0]
Punjab-Haryana High Court
Xxxxxxxxxxxx vs Xxxxxxxxxxxx on 9 April, 2026
CRM-M-13165-2026 (O&M) -1-
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
270
CRM-M-13165-2026 (O&M)
Date of Decision: 09.04.2026
GYAN CHAND AND OTHERS ...Petitioners
VERSUS
STATE OF HARYANA AND ANOTHER ...Respondents
CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL
Present: Mr. Mrinal Dewar, Advocate
for Mr. G.S. Sidhu, Advocate for the petitioners.
Mr. Ashwani Kumar Saini, DAG Haryana.
Mr. Vinay Kumar Gupta, Advocate
for respondent No. 2.
****
SHALINI SINGH NAGPAL, J. (ORAL)
1. Petitioners seek quashing of FIR No. 45 dated 18.07.2024 under
Sections 498-A, 34 Indian Penal Code, Women Police Station, Sirsa, District
Sirsa and all subsequent proceedings arising therefrom, on the basis of
compromise dated 21.02.2026. Sections 420 IPC and 12(1)(B) of the Passport
Act, 1967 has been added in the FIR during investigation.
2. On 11.03.2026 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 11.03.2026, parties appeared
before learned Judicial Magistrate Ist Class, Sirsa on 18.03.2026. Statement of
the Investigating Officer, L/ASI Deepa Rani, No. 1288/SRS P.S. Women, Sirsa
CRM-M-13165-2026 (O&M) -2-
was recorded on 20.03.2026. Learned Judicial Magistrate Ist Class, Sirsa has
submitted his 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:
"1. It is respectfully submitted that three accused namely Ramesh
Chand, Parkash Devi and Gyan Chand have been arraigned as
accused in the FIR.
2. It is respectfully submitted that all the three accused have
appeared in the court of undersigned and made joint statement in
support of compromise.
3. It is respectfully submitted that no additional accused has been
added during the investigation.
4. It is respectfully submitted that no accused is an absconder or
proclaimed person in this case. Statement of IO/ASI Deepa Rani has
been recorded in this regard.
5. It is respectfully submitted that during investigation it was found
that accused Gian Chand mentioned himself to be unmarried in his
passport form despite of being married with complainant Manpreet
Kaur. Therefore, during investigation offence punishable under
Section 12(1)(b) Passport Act and Section 420 IPC were added to the
FIR.
6. It is respectfully submitted that investigation in the present case
has already been completed. Police has filed challan against accused
persons in the court of undersigned.
CRM-M-13165-2026 (O&M) -3-
7. It is respectfully submitted that name of the complainant is
Manpreet Kaur daughter of Sadhu Ram.
8. It is respectfully submitted that there is only one complainant in
this case and her statement into the support of compromise has been
recorded.
9. It is respectfully submitted that challan has been submitted in the
present case. The case was fixed for framing of charge before
accused persons approached Hon'ble High Court for quashing of the
FIR.
10. It is respectfully submitted that as per the statements of the
complainant and accused, the compromise so arrived between the
parties is genuine, voluntary and out of free will of parties.
11. It is respectfully submitted that no other criminal case is pending
against the accused. The statement of IO/L/ASI Deepa Rani has also
been recorded to this effect.
12. It is respectfully submitted that Investigating Officer L/ASI Deepa
Rani has appeared and her statement has been recorded."
4. Learned State counsel and learned counsel for respondents No. 2
and 3 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.
5. 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
CRM-M-13165-2026 (O&M) -4-
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. 45 dated 18.07.2024 under Sections 498-A, 420, 34 Indian
Penal Code and Section 12(1)(B) of the Passport Act, 1967, Women Police
Station, Sirsa, District Sirsa along with all the subsequent proceedings arising
therefrom, is quashed qua the petitioners.
(SHALINI SINGH NAGPAL)
APRIL 09, 2026 JUDGE
Ajay Goswami
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
