SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2025 Supreme(Online)(P&H) 18902

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 30.10.2025 Rakesh Kumar Rana and others ......Petitioners Versus State of Punjab and another .....Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present: Mr. Aditya Dassaur, Advocate, for the petitioners.

Mr. Luvinder Sofat, Sr. DAG, Punjab Mr. Monika Jangra, Advocate, for respondent No.2.

****

K IRTI SINGH , J. (ORAL)

1. Through the present petition, the petitioners have sought quashing of FIR No.35 dated 06.10.2008, under Sections 323, 341, 406, 498-A and 506 IPC, registered at Police Station Talwara, District Hoshiarpur, as well as judgment of conviction dated 11.07.2022 passed by learned Sub Divisional Judicial Magistrate at Mukerian and all other consequential proceedings arising therefrom on the basis of the compromise dated 19.02.2024 (Annexure P-3).

2. Short reply by way of affidavit of Deputy Superintendent of Police, Sub Division Dasuya, District Hoshiarpur, has been filed by the State, which is taken on record. Copy thereof has been supplied to the learned counsel for the petitioners.

3. Heard learned counsel for the parties and also gone through the case file.

4. This Court after issuing notice of motion on 24.09.2025, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise, by passing the following order:-

“This petition has been filed for quashing of FIR No.35 dated 06.10.2008 under Sections 498-A, 406, 323, 341 and 506 of IPC, registered at Police Station Talwara, District Hoshiarpur along with all consequential proceedings arising therefrom including the judgment of conviction dated 11.07.2022, passed by learned Sub Divisional Judicial Magistrate at Mukerian, on the basis of compromise deed dated 19.02.2024 (Annexure P/3)

arrived at between the parties.

Learned counsel for the petitioners submits that the marriage between petitioner No.1 and respondent No.2 was solemnized on 09.02.1996 and on account of matrimonial discord the instant FIR was lodged against the petitioners. Upon completion of trial, the petitioners were convicted under Section 498-A of IPC, while simultaneously being acquitted under Section 406 of IPC by the learned trial Court vide judgment dated 11.07.2022. The petitioners filed appeal thereagainst bearing No.CRA/112/2022 before the learned first Appellate Court, which is pending. During the pendency thereof, the matter was amicably settled, for which a compromise deed dated 19.02.2024 was also executed. It is prayed that in view of the same, the FIR and the subsequent judgment of conviction be quashed against the petitioners. In support of his submissions, learned counsel has placed reliance upon the judgments passed by this Court in case CRM-M-19080-2022, titled as “Tarsem Singh and others V/s State of Punjab and another”; CRM-M- 36261-2023, titled as “Satish Kumar Gupta and another V/s State of Punjab and others”, and CRA-S-558-SB-2014, titled as “Pritpal Singh and another V/s Lachmman Singh and another”.

Notice of motion.

Mr. Gurpartap Singh Bhullar, Asst. A.G. Punjab waives service of notice on behalf of respondent No.1-State and seeks time to file status report. Ms. Monika Jangra, Advocate puts in appearance on behalf of respondent No.2 and has filed her power of attorney. The same is taken on record. Learned counsel for respondent No.2 has admitted the factum of compromise effected between the parties.

The parties are directed to appear before the trial Court/Illaqa/ Duty Magistrate on 30.09.2025 or any other future date as per its convenience or on request of the parties for getting their statements recorded with regard to the compromise. The trial Court/Illaqa/Duty Magistrate shall submit the report on or before the next date of hearing. The report be forwarded to this Court specifying the following:-

1. The number of accused arraigned in the FIR and how many have appeared before it and have made statements and whether any accused is absconding/pro

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top