[Cites 3, Cited by 0]
Punjab-Haryana High Court
Xxxxxxxxxxxx vs Xxxxxxxxxxxx on 22 April, 2026
CRM-M-9113-2026 (O&M) 1-
262
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-9113-2026 (O&M)
Date of decision: 22.04.2026
DINESH KUMAR AND OTHERS
...PETITIONERS
VERSUS
STATE OF PUNJAB AND ANOTHER
...RESPONDENTS
CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL
Present: Mr. Devansh Khanna, Advocate
for petitioners.
Mr. Bareen Pratap Singh, AAG, Punjab.
Mr. Manas Bhatia, Advocate for
Mr. Rahul Verma, Advocate
for respondent No.2.
***
SHALINI SINGH NAGPAL J.
1. Petitioners seek quashing of FIR No. 7 dated 26.02.2019 under
Sections 406 and 498-A Indian Penal Code, Police Station Women, District
Bathinda and all subsequent proceedings arising therefrom, on the basis of
compromise dated 10.02.2026.
2. On 18.02.2026 and 17.03.2026, this Court directed the parties to
appear before learned trial Court/Illaqa Magistrate for recording of their
statements on the basis of compromise dated 10.02.2026.
3. In compliance of the aforesaid order, parties appeared before
learned JMIC, Bathinda on 24.03.2026. Statements of Investigating Officer
Retd. SI Bhola Singh and SHO Inspector Manju were recorded on
30.03.2026 and 24.03.2026 respectively. Learned JMIC, Bathinda has
CRM-M-9113-2026 (O&M) -2-
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:
"1. From the perusal of the record and the statement of the
Investigating Officer, it transpires that three persons namely
Dinesh Kumar, Nirmala Devi and Satpal Mittal are arrayed as
accused in the present FIR;
2. Accused Dinesh Kumar, Nirmala Devi and Satpal Mittal
have appeared before the Trial Court and suffered their respective
statements;
3. From the perusal of the record as well as the statement of
the Investigating Officer, it transpires that no additional accused
has been added during investigation;
4. From the perusal of the record as well as the statement of
the Investigating Officer, it transpires that none of the accused has
been declared absconder/proclaimed person;
5. From the perusal of the record as well as the statement of
the Investigating Officer, it transpires that after registration of
FIR, no offence was added or deleted during investigation in this
case;
6. From the perusal of the record as well as the statement of
the Investigating Officer, it transpires that the investigation is not
pending against any accused and the accused have not been
declared innocent in this case;
7. From the perusal of the statement of the Investigating
CRM-M-9113-2026 (O&M) -3-
Officer, it transpires that there is only one complainant namely
Isha Rani and father of the complainant namely Vijay Kumar
endorsed the statement of the complainant in the present FIR;
8. Both the complainant and the witness namely Isha Rani
and Vijay Kumar have appeared and have suffered separate
statements in this case;
9. Investigating Officer Retired SI Bhola Singh as well as
SHO Inspector Manju have appeared and their statements were
also recorded in this case;
10. From the perusal of the file, it transpires that the trial is
pending at the stage of evidence of the prosecution;
11. From the statements of the parties suffered before this
Court, the undersigned is of the considered opinion that the
compromise between the parties is genuine, voluntary and out of
free will of the parties;
12. From the perusal of the statement of the Investigating
Officer, it transpires that no criminal case or proceeding is
pending against any of the accused persons."
4. Learned State counsel and learned counsel for respondent No.2
have not raised any dispute regarding the factum of compromise between
petitioners and respondent no.2.
5. Since the matter has been amicably settled between the parties,
continuation of the criminal proceedings would be an exercise in futility.
The dispute which has its genesis in a matrimonial discord, warrants
CRM-M-9113-2026 (O&M) -4-
exercise of powers under Section 528 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.
7. FIR No. 7 dated 26.02.2019 under Sections 406 and 498-A
Indian Penal Code, Police Station Women, District Bathinda and all
consequential proceedings arising therefrom, are quashed qua the petitioners.
8. Pending miscellaneous applications, if any, stand disposed of.
(SHALINI SINGH NAGPAL)
22.04.2026 JUDGE
Sumit Singla
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
