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2025 Supreme(Online)(P&H) 24763

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



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

265 CRM-M-31823-2025 (O&M)

Date of decision:14.01.2026 Yash Pal …Petitioner VERSUS State of Haryana and another ...Respondents CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Gaurav Sharma, Advocate for the petitioner.

Mr. Kshitiz Bharti, AAG, Haryana.

None for respondent No.2.

****

Shalini Singh Nagpal, J. (Oral)

1. Petitioner seeks quashing of FIR No.161 dated 18.03.2025 under Sections 323, 498-A, 506 of Indian Penal Code, Police Station Gharaunda District Karnal and all consequential proceedings arising therefrom, on the basis of compromise dated 31.05.2025.

2. On 15.10.2025, this Court directed the parties to appear before learned trial Court/Illaqa Magistrate for recording of their statements with regard to compromise dated 31.05.2025.

3. In compliance of the aforesaid order, parties appeared before 29.10.2025. Statement of Investigating Officer L/HC Manju Bala, No.212/KNL, Police Station Gharaunda, was recorded on 03.11.2025. submitted his 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:

“1. Total four accused were arraigned in the FIR. However, police report has been filed only against one accused i.e.

Yashpal son of Dharampal.

2. The accused Yashpal appeared before this Court and made his statement.

3. During investigation, no additional accused has been added but three accused were absolved after finding no evidence against them by the police.

4. As per the statement of the investigating officer, the accused has not been declared as proclaimed offender in this or any other case.

5. After registration of FIR, no offence was added or deleted during investigation.

6. The investigation is not pending against any of the accused as police report has been forwarded to this Court. Out of the total four accused, originally arraigned in the FIR, three of the accused have been found innocent during the investigation.

7. The name of the complainant is Anjali wife of Yashpal.

8. The complainant appeared before this Court for making her statement.

9. The present case is at the stage of framing charge upon the accused after the receipt of the police report and cognizance has been taken thereupon.

10. After evaluating the statements of the parties, this Court is of the considered view that compromise is genuine, voluntary and out of free will of the parties.

11. As per the statement of the Investigating Officer, no other criminal case or proceeding is pending against the accused.”

4. Learned State counsel has not raised any dispute regarding the factum of compromise. 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.161 dated 18.03.2025 under Sections 323, 498-A, 506 of Indian Penal Code, Police Station Gharaunda District Karnal and all consequential proceedings arising therefrom, are quashed qua the petitioner, on the basis of compromise dated 31.05.2025. 7. Pending applications, if any, stand disposed of.

(SHALINI SINGH NAGPAL)

JUDGE

14.01.2026

Kapil

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