IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

295 CRM-M-47732-2025(O&M) Date of Decision: 16.12.2025 Mahesh @ Aman and others ... Petitioner(s)

VERSUS State of Haryana and another ... Respondents CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: None.

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SHALINI SINGH NAGPAL, J. (ORAL)

Petitioner seeks quashing of FIR No.42 dated 07.02.2023 under Sections 120-B, 328, 342, 376, 498-A, 506 & 508 of Indian Penal Code, 1860, Police Station Kunjpura, District Karnal, and all consequential proceedings arising therefrom, on the basis of compromise dated 19.08.2025 said to be arrived at between the parties. Offences under Sections 328, 342, 376, 508 and 120-B of IPC were deleted from the FIR by Investigating Agency and final report was presented only under Sections 498-A, 506 and 34 IPC.

2. On 29.08.2025, this Court directed the parties to appear before the trial Court/Illaqa Magistrate for recording of their statements with regard to compromise.

3. In compliance of the order dated 29.08.2025, parties appeared before learned Judicial Magistrate Ist Class, Karnal. Statement of the Investigating Officer, ASI Dalbir Singh No. 346/HPR, Police Station Kunjpura, District Karnal, was also recorded on 17.11.2025. Learned Judicial Magistrate Ist Class, Karnal has submitted her report recording satisfaction that all the parties have entered into a valid compromise without any influence or coercion.

The relevant part of the report as under has been submitted:

“3. As per the statement of the IO in the present case, the FIR was got registered against seven people namely Mahesh @ Aman, Pappu, Babita, Robin, Usha, Praveen etc. The final report was submitted against only the accused namely Mahesh @ Aman, Pappu and Babita. No other criminal case is pending against the said accused persons.

Further, they have not been declared as PO in any other case.

4. The complainant in the present case is Damini. The complainant Damini and accused Mahesh @ Aman, Pappu and Babita appeared before the Court for recording the statement in support of the compromise. Joint statement of complainant Damini and accused Mahesh @Aman, Pappu and Babita was recorded qua the compromise.

5. The trial before the Court is at the stage of evidence of prosecution

6. After going through the statements of the parties, I am of the view that the compromise has been arrived between the complainant and accused voluntarily without any threat, pressure, undue influence or fraud. Thus in my considered opinion the compromise arrived at between the two sides is genuine and voluntary act of the parties and the complainant has no objection in quashing of FIR registered against the accused on their complaint. Hence, the compromise is genuine.”

4. 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 of powers under Section 528 BNSS.

5. 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.

6. Consequently, FIR No.42 dated 07.02.2023 under Sections 120-B, 328, 342, 376, 498-A, 506 & 508 of Indian Penal Code, 1860, Police Station Kunjpura, District Karnal, along with all the subsequent proceedings arising therefrom, is quashed qua the petitioners.

(SHALINI SINGH NAGPAL)

DECEMBER 16, 2025 JUDGE

Kapil