[Cites 11, Cited by 0]
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,
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
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
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)
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
