Citation : 2026 Latest Caselaw 3250 P&H
Judgement Date : 10 April, 2026
13448-2026 (O&M)
CRM-M-13448 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
213
CRM-M-13448-2026 (O&M)
Date of decision:10.04.2026
.2026
Subhash Chand and others
...Petitionerss
VERSUS
State of Haryana and another
...Respondents
espondents
CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL
Present: Mr. Sachin Kamboj,, Advocate for the petitioner
petitioners.
Mr. Kshitij Bharati,
ti, AAG, Haryana
Haryana.
Mr. Ajay Beniwal,, Advocate for respondent No.2.
****
Shalini Singh Nagpal, J. (Oral)
Petitioners seek quashing of FIR No. No.173 dated 04.10.2021,,
under Sections Section 323, 406, 498-A, 506 of Indian P Penal enal Code, Women Police
Station, Karnal, District Karnal, Karnal and all subsequent proceedings arising
therefrom, on the basis of compromise dated 03.02.2026 said to be arrived at
between the parties.
2. On 12.03.2026,, this Court directed the parties to appear before
learned trial Court/Illaqa Magistrate for recording of their statements with
regard to compromise.
3. In compliance of the aforesaid order, parties appeared before
learned Judicial Magistrate Ist Class, Karnal Karnal, on 19.03.2026. Statement tement of
Investigating officer- Sunita, No.107/KNL, was recorded on 24.03.2026..
Learned Judicial Magistrate Ist Class, Karnal Karnal, has submitted her report
recording satisfaction that all the parties have entered into a valid
13448-2026 (O&M)
compromise without any influence or coercion. The relevant part of the
report as under has been submitted:
"i) The FIR was got registered against seven accused persons namely Subhash, Lakhmi Chand, Raj Bala, Poonam, Nisha, Kiran & Mukesh.
ii) The accused persons namely Subhash Chand, Lakhmi Chand and Raj Devi appeared before the Court and made statements.
iii) During investigation, no additional accused has be been en added.
iv) After registration of the FIR, no offence was added or deleted during investigation.
v) The investigation has been completed. During investigation, accused persons namely Poonam. Nisha, Kiran and Mukesh have been found innocent.
vi) There is only one injured aggrieved namely complainant Rozy,
vii) The injured/aggrieved namely complainant Rozy has appeared and her statement has been recorded.
viii) Investigating Officer has appeared and her statement has been recorded.
ix) The Trial is pending at initial stage of appearance of accused.
x) I am of the view that the compromise has been arrived between the parties voluntarily without any threat, pressure. undue influence or fraud. Thus in my considered opinion the compromise arrived at between KAPIL the two sides is genuine and voluntary act of the parties
13448-2026 (O&M)
and the complainant has no objection in quashing of FIR registered against the accused on their complaint. Hence, the compromise is genuine.
xii) The case FIR No. 681/2021, PS Indri has be been en registered against accused Subhash and case FIR No. 262/2021, PS Indri has been registered against accused Subhash, Lakhmi Chand and Raj Bala. None of the accused has been declared as proclaimed person or offender.
offender."
4. In Mohammad Wajid vs State of U.P. (2023) SCC OnLine SC
951,, Hon'ble Apex Court has ruled that criminal antecedents of the accused
cannot be the sole consideration to decline the quashing proceedings where
the FIR fails to disclose commission of any offence or his case falls within
one of the parameters as laid down by Hon'ble Apex Court in the case of
State of Haryana Vs. Bhajan Lal 1992 Supp(1) SCC 335
5. Learned State counsel and learned counsel for respondent No.2
have not raised any dispute regarding the factum of 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 exercise of powers under Section 528 of
BNSS.
6. 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.
13448-2026 (O&M)
7. Consequently, FIR No.173 dated 04.10.2021, under Sections
323, 406, 498-A, 498 A, 506 of Indian Penal Code, Women Police Station, Karnal,
District Karnal, Karnal and all consequential proceedings arising therefrom, are
quashed qua the petitioners, on the basis of compromise dated 03.02.2026.
8. Pending applications, if any, stand disposed of.
(SHALINI SINGH NAGPAL) JUDGE 10.04.2026 Kapil
Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No
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