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2025 Supreme(P&H) 1890

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 
VINOD S. BHARDWAJ, J.
Krishna Devi @ Krishna And Others – Petitioner
Versus
State Of Haryana And Ors. – Respondents
CWP-12018-2021 (O&M)
Decided On : 02-12-2025

Advocates appeared:
For the petitioners.:Mr. G.S. Sandhu, Advocate
For the State :Mr. Vivek Chauhan, Addl. A.G. Haryana. Mr. Mayank, Advocate, for respondents No.2 and 3.

JUDGMENT

VINOD S. BHARDWAJ, J. (Oral)

Prayer in the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is for quashing of FIR No. 559 dated 08.07.2016 under Sections 506, 323, 149, 148 of the Indian Penal Code, 1860 at Police Station Karnal Sadar, District Karnal along with all subsequent proceedings arising therefrom on the basis of compromise dated 13.08.2025 (Annexure P-2).

2 Briefly summarized, the facts of the case are that respondent- complainant Neha Devi’s marriage was solemnized about 4 years ago. Meena, the first wife of her husband Rajesh, always used to harass her and threaten to kill her many times. She also beat up the complainant on several occasions. On 07.07.2016, Meena gave Neha beatings and called her parents, who also gave beatings to Neha and her sister. They also tore the complainant’s clothes. Meena’s brothers, uncle, and parents also gave Neha and her sister severe beatings, attacked Neha’s husband with sticks and lathi and hit him on the head with a gandassi. Due to the aforesaid, Rajesh sustained multiple injuries on his body, blood oozed out heavily and he had to be admitted to the hospital. The present FIR was then got registered against the petitioners. However, with the intervention of the respectables, the parties have decided to compromise the matter. Hence, the present petition.

3 The parties were directed to appear before the learned trial Court/Illaqa Magistrate vide order dated 01.09.2025 of this Court, to get their statements recorded regarding the compromise arrived at between the parties and a report in this regard was called for.

4 Pursuant to the said order, a report has been received from the Chief Judicial Magistrate, Karnal, vide Memo No.1464 dated 16.10.2025.

The relevant extract of the report is reproduced as under:-

“Statement of injured Rajesh was recorded on 23.9.2025, whereby he stated that matter has been compromised and he has no objection if the present FIR is quashed. In this case, complainant is Neha who is wife of injured Rajesh. Rajesh again appeared before the court on 9.10.2025 when notice was served to Neha and suffered his separate statement on behalf of Neha that she is mentally disturbed and cannot appear before the court. He also stated that Neha has also no objection if the present FIR is quashed. It is pertinent to mention here that there is no medical record pertaining to mental stability of Neha.

Accused persons namely Surjit, Mukesh, Krishan, Krishna Devi appeared before the court on 13.10.2025 and their statement regarding compromise was recorded. It is pertinent to mention here that accused Satpal has passed away and proceedings against him have already been dropped vide order dated 28.7.2017 by the learned predecessor court.

After recording the statements of the parties, the same were read over and explained to them, who after admitting the same as correct put their signatures on their respective statements. The parties have been duly identified by their respective counsel.

As per the statement of IO, SI Surender Kumar, in the present FIR, challan against accused persons has been submitted in the court. No accused has been declared proclaimed offender. No other case is registered against accused.

As per the statement of parties, I believe that compromise has been arrived between the parties voluntarily and without any coercion, pressure of any kind or undue influence. The compromuse effected between the parties seems to be genuine and outcome of free consent of the parties.”

5 Learned State counsel does not dispute the factum of the compromise amongst the parties and does not have any serious objection to the resolution of the dispute amongst the parties.

6 Learned counsel for respondents No.2 and 3 reiterates the settlement and his concurrence to the FIR and all the other consequential proceedings being quashed.

7 The broad principles for exercising the powers under Section 482, Cr.P.C (now Section 528 BNSS) were summarized by the Hon'b

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