Hem Lata and Others Hem Lata and Others v. State of Punjab and Another
Case Details
CRM-M-2946-2025 2025 (O&M) -1- 327 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- CRM-M-2946-2025 (O&M) CRM Date of Decision : 24.07.2025 Date of Decision : Hem Lata and Others Hem Lata and Others ....Petitioners VERSUS State of Punjab and Another ....Respondents RAJESH BHARDWAJ CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ CORAM : HON'BLE MR. JUSTICE Present: Mr Mr. Kuldeep Singh Siwach, Advocate for the petitioner , Advocate for the petitioners.
Legal Reasoning
Ms. Simran Goria, AAG Punjab. Ms. Simran Goria, AAG Punjab. Ms. Sunaina Rani Ms. Sunaina Rani, Advocate for Mr. Amandeep Singh Rai, Advocate for respondent No.2. Mr. Amandeep Singh Rai, Advocate for Mr. Amandeep Singh Rai, Advocate for Rajesh Bhardwaj, J. (ORAL) Rajesh Bhardwaj, J. (ORAL) -.- 1. 0021, Instant petition has been filed praying for quashing of FIR No.0021 Instant petition has been filed praying for quashing of FIR No. Instant petition has been filed praying for quashing of FIR No. dated 10.10.2018 10.10.2018 registered under Sections 420 of IPC P.S NRI, 420 of IPC at Police Station P.S NRI, District SAS Nagar, Mohali SAS Nagar, Mohali and subsequent proceedings arising therefrom on the and subsequent proceedings arising therefrom on the basis of compromise deed dated 13.01.2025, Annexure P basis of compromise deed dated 13.01.2025, Annexure P-2. 2. The FIR in question was lodged by complainant The FIR respondent No.2 and in question was lodged by complainant-respondent No.2 and rvention of the investigation commenced thereon. However, with the intervention of the investigation commenced thereon. However, with the inte the investigation commenced thereon. However, with the inte respectables, finally the parties arrived at settlement and they resolved their inter se respectables, finally the parties arrived at settlement and they resolved their inter se respectables, finally the parties arrived at settlement and they resolved their inter se respectables, finally the parties arrived at settlement and they resolved their inter se dispute, which is apparent from Annexure P . On the basis of the compromise, the ch is apparent from Annexure P-2. On the basis of the compromise, the . On the basis of the compromise, the futile petitioners are praying that continuation of these proceedings would be a futile petitioners are praying that continuation of these proceedings would be a petitioners are praying that continuation of these proceedings would be a exercise and an abuse of process of the Court and thus, the FIR in question and all exercise and an abuse of process of the Court and thus, the FIR in question and all exercise and an abuse of process of the Court and thus, the FIR in question and all exercise and an abuse of process of the Court and thus, the FIR in question and all the subsequent proceedings arising therefrom may be quashed in the interest of the subsequent proceedings arising therefrom may be quashed in the interest of the subsequent proceedings arising therefrom may be quashed in the interest of the subsequent proceedings arising therefrom may be quashed in the interest of justice. TRIPTI SAINI 2025.07.28 16:36 I attest to the accuracy and integrity of this document CRM-M-2946-2025 2025 (O&M) -2- 3. This Court vide order dated 21.01.2025 This Court vide order dated directed the parties to appear 21.01.2025 directed the parties to appear efore the trial Court/Illaqa Magistrate for recording their statements, as contended before the trial Court/Illaqa Magistrate for recording their statements, as contended efore the trial Court/Illaqa Magistrate for recording their statements, as contended efore the trial Court/Illaqa Magistrate for recording their statements, as contended before the Court, and the trial Court/Illaqa Magistrate was also directed to send its before the Court, and the trial Court/Illaqa Magistrate was also directed to send its before the Court, and the trial Court/Illaqa Magistrate was also directed to send its before the Court, and the trial Court/Illaqa Magistrate was also directed to send its report. 4. lass, In pursuance to the same, learned Judicial Magistrate First Class, In pursuance to the same, learned Judicial Magistrate First C In pursuance to the same, learned Judicial Magistrate First C Gurdaspur has sent report . With the report, he has annexed pur has sent report dated 19.02.2025. With the report, he has annexed . With the report, he has annexed photocopy of the statements of respondent No.2 photocopy of the statements of respondent No. and 2- complainant Charanjit Singh and the petitioners, namely, , namely, Hem Lata, Shamsher Singh and Kamlesh Kumari dated Hem Lata, Shamsher Singh and Kamlesh Kumari dated 10.02.2025 and 13.02.2025 and statement of ASI 10.02.2025 and 13.02.2025 . On tatement of ASI Surjit Ram dated 13.02.2025. On the basis of the statements, learned Judicial Magistrate First Class, SAS Nagar the basis of the statements, learned Judicial Magistrate First Class, the basis of the statements, learned Judicial Magistrate First Class, has concluded in its report that the compromise is genuine, voluntarily and out of free concluded in its report that the compromise is genuine, voluntarily and out of free concluded in its report that the compromise is genuine, voluntarily and out of free concluded in its report that the compromise is genuine, voluntarily and out of free will. It has been mentioned in the report that there are only will. It has been mentioned in the repor accused in the t that there are only three accused in the . It is further mentioned in the report that present case i.e. the present petitioners. It is further mentioned in the report that . It is further mentioned in the report that present case i.e. the present petitioners there was fourth accused also, namely Monty Salaria against whom no substantial there was fourth accused also, namely Monty Salaria against whom no substantial there was fourth accused also, namely Monty Salaria against whom no substantial there was fourth accused also, namely Monty Salaria against whom no substantial or credible evidence has been found. It is fur or credible evidence has been found ther mentioned in the report that . It is further mentioned in the report that neither the accused have been declared proclaimed offender nor they are involved neither the accused have been declared proclaimed offender nor they are involved neither the accused have been declared proclaimed offender nor they are involved neither the accused have been declared proclaimed offender nor they are involved any other case. 5. Learned State counsel, on instructions, submits before this Court that Learned State counsel, on instructions, submits before this Court that Learned State counsel, on instructions, submits before this Court that Learned State counsel, on instructions, submits before this Court that there was one more accused, namely, Monty Salaria, but on conducting enquiry, there was one more accused, namely, Monty Salaria, there was one more accused, namely, Monty Salaria, , he was found innocent. He further submits that as per the investigation, there are was found innocent. He further submits that as per the investigation, there are was found innocent. He further submits that as per the investigation, there are was found innocent. He further submits that as per the investigation, there are three accused in the present FIR. three accused in the present FIR. 6. Learned counsel for the petitioners has submitted that the parties have Learned counsel for the petitioners has submitted that the parties have Learned counsel for the petitioners has submitted that the parties have Learned counsel for the petitioners has submitted that the parties have and have decided to get the FIR registered compromised the matter amicably and have decided to get the FIR registered and have decided to get the FIR registered compromised the matter amicably against the petitioners quashed and as such the present petition is liable to be against the petitioners quashed and as such the present petition is liable to be against the petitioners quashed and as such the present petition is liable to be against the petitioners quashed and as such the present petition is liable to be accepted. TRIPTI SAINI 2025.07.28 16:36 I attest to the accuracy and integrity of this document CRM-M-2946-2025 2025 (O&M) -3- 7. Learned counsel for respondent No.2 has also pleaded no objection, if earned counsel for respondent No.2 has also pleaded no objection, if earned counsel for respondent No.2 has also pleaded no objection, if earned counsel for respondent No.2 has also pleaded no objection, if the present FIR is quashed. the present FIR is quashed. 8. Status report by way of affidavit of Status report by Singh, PPS, Deputy way of affidavit of Lakhwinder Singh, PPS, Deputy Superintendent of Police, NRI Wing, Phase VII, S.A.S Nagar Superintendent of Police, filed in Court is NRI Wing, Phase VII, S.A.S Nagar filed in Court is taken on record. taken on record. 8.1 I have heard learned counsel for the parties, perused the record and I have heard learned counsel for the parties, perused the record and I have heard learned counsel for the parties, perused the record and I have heard learned counsel for the parties, perused the record and the report sent by learned Judicial Magistrate First Class, the report sent by gistrate First Class, SAS Nagar. 9. Bhartiya Nagrik A bare perusal of statutory provisions of the 528 of Bhartiya Nagrik A bare perusal of statutory provisions of the 528 of A bare perusal of statutory provisions of the 528 of would show that the High Court may make such orders, as Suraksha Sanhita, 2023 would show that the High Court may make such orders, as would show that the High Court may make such orders, as Suraksha Sanhita, 2023 ent abuse of may be necessary to give effect to any order under this Code or to prevent abuse of may be necessary to give effect to any order under this Code or to prev may be necessary to give effect to any order under this Code or to prev the process of any Court or otherwise to secure the ends of justice. Section 359 the process of any Court or otherwise to secure the ends of justice. Section 359 the process of any Court or otherwise to secure the ends of justice. Section 359 the process of any Court or otherwise to secure the ends of justice. Section 359 is equally relevant for consideration, Bhartiya Nagrik Suraksha Sanhita, 2023 is equally relevant for consideration, is equally relevant for consideration, Bhartiya Nagrik Suraksha Sanhita, 2023 which prescribes the procedure for compounding of the offences under the BNS, which prescribes the procedure for compounding of the offences under the BNS, which prescribes the procedure for compounding of the offences under the BNS, which prescribes the procedure for compounding of the offences under the BNS, 2023. 10. Keeping in view the nature of offences allegedly committed and the Keeping in view the nature of offences allegedly committed and the Keeping in view the nature of offences allegedly committed and the Keeping in view the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, the continuation of fact that both the parties have amicably settled their dispute, the continuation of fact that both the parties have amicably settled their dispute, the continuation of fact that both the parties have amicably settled their dispute, the continuation of criminal prosecution would be a futile exercise. The Hon'ble Supreme Court in a criminal prosecution would be a futile exercise. The Hon'ble Supreme Court in a criminal prosecution would be a futile exercise. The Hon'ble Supreme Court in a criminal prosecution would be a futile exercise. The Hon'ble Supreme Court in a number of cases including Narinder Singh and others Versus State of Punjab number of cases incl Narinder Singh and others Versus State of Punjab Narinder Singh and others Versus State of Punjab