Manpreet Kaur Oberoi v. Haryana & Ors.

0008, Instant petition has been filed praying for quashing of FIR No.0008 Instant petition has been filed praying for quashing of FIR No. Instant petition has been filed praying for quashing of FIR No. dated 15.01.2025 63, 66, 66(D) of Information and 15.01.2025 registered under Sections 63, 66, 66(D) of Information and 63, 66, 66(D) of Information and B, 34, 406, 409, 420, 468 and 471 IPC at B, 34, 406, 409, 420, 468 and 471 IPC Technology Act, 2000 and Sections 120-B, 34, 406, 409, 420, 468 and 471 IPC Technology Act, 2000 and Sections 120 Civil Line Kaithal. Police Station Civil Line Kaithal.

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 during the pendency of the the investigation commenced thereon. However, during the pendency of the the investigation commenced thereon. However, the investigation commenced thereon. However, was referred to , a connected matter bearing No.CRM-M-15567-2025 was referred to , a connected matter bearing No.CRM present case, a connected matter bearing No.CRM vide order dated 27.03.2025, the Mediation and Conciliation Centre of this Court vide order dated 27.03.2025 the Mediation and Conciliation Centre of this C the Mediation and Conciliation Centre of this C where the parties the parties resolved their inter se dispute, whi settlement resolved their inter se dispute, which is apparent from settlement dated 22.05.2025 (Annexure A-2). On the basis of the dated 22.05.2025 ( compromise, the . On the basis of the said compromise, the uld be a futile praying that continuation of these proceedings would be a futile praying that continuation of these proceedings wo petitioner is praying that continuation of these proceedings wo 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 TRIPTI SAINI 2026.05.13 10:50 I attest to the accuracy and integrity of this document CRM-M-4850-2025 2025 (O&M) -2- 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.

3. This Court vide order dated 11.09.2025 This Court vide order dated appear 11.09.2025 directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements, as contended before the trial Court/Illaqa Magistrate for recording their statements, as contended before the trial Court/Illaqa Magistrate for recording their statements, as contended before 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. Ist Class, In pursuance to the same, learned Judicial Magistrate, Ist Class, In pursuance to the same, learned In pursuance to the same, learned Pathankot has sent report . With the report, he has annexed has sent report dated 09.10.2025. With the report, he has annexed . With the report, he has annexed photocopy of the statements of complainant-respondent No.2 photocopy of the statements of respondent No.2 Rohit Khurania, and petitioner, namely, Manpreet Kaur Oberoi , namely, Manpreet Kaur Oberoi dated and statement of dated 17.09.2025 and statement of . On the basis of the statements, learned Inspector Sushil Kumar dated 17.09.2028. On the basis of the statements, learned . On the basis of the statements, learned Inspector Sushil Kumar has concluded in its report that the Judicial Magistrate, Ist Class, Pathankot has concluded in its report that the has concluded in its report that the Judicial Magistrate, Ist Class, Pathankot compromise is genuine, voluntarily and out of free will. It has been mentioned in compromise is genuine, voluntarily and out of free will. It has been mentioned in compromise is genuine, voluntarily and out of free will. It has been mentioned in compromise is genuine, voluntarily and out of free will. It has been mentioned in accused in the present case i.e. the present the report that there is only one accused in the present case i.e. the present accused in the present case i.e. the present the report that there is only one petitioner. It is further mentioned in the report that neither the accused has been petitioner. It is further mentioned in the report that neither the accused petitioner. It is further mentioned in the report that neither the accused involved any other case. declared proclaimed offender nor she is involved any other case. declared proclaimed offender nor As per the report, it has been mentioned in the statement of As per the report, it has been mentioned in the statement of As per the report, it has been mentioned in the statement of complainant/respondent No. 2 that the present petitioner/accused is not complying /respondent No. 2 that the present petitioner/accused is not complying that the present petitioner/accused is not complying with the terms and conditions of the compromise arrived at between them. with the terms and conditions of the compromise arrived at between them. with the terms and conditions of the compromise arrived at between them. with the terms and conditions of the compromise arrived at between them. tioner has denied the said fact and submits that compromise has However, the petitioner has denied the said fact and submits that compromise has tioner has denied the said fact and submits that compromise has However, the peti between the parties. been effected between the parties.

5. Learned counsel for the petitioner has submitted that the parties have Learned counsel for the petitioner has submitted that the parties have Learned counsel for the petitioner has submitted that the parties have Learned counsel for the petitioner has submitted that the parties have compromised the matter amicably and have decided to get the FIR registered compromised the matter amicably and have decided to get the FIR registered compromised the matter amicably and have decided to get the FIR registered compromised the matter amicably and have decided to get the FIR registered 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 2026.05.13 10:50 I attest to the accuracy and integrity of this document CRM-M-4850-2025 2025 (O&M) -3-

6. Learned counsel for respondent No.2 has also pleaded no objection, if Learned counsel for respondent No.2 has also pleaded no objection, if Learned counsel for respondent No.2 has also pleaded no objection, if Learned counsel for respondent No.2 has also pleaded no objection, if the present FIR is quashed. the present FIR is quashed.

7. At this stage, learned State counsel has pointed out that there are total At this stage, learned State counsel has pointed out that there are total At this stage, learned State counsel has pointed out that there are total At this stage, learned State counsel has pointed out that there are total this Court to three accused in the present case, however, only two have approached this Court to three accused in the present case, however, only two have approached three accused in the present case, however, only two have approached quash the FIR. However, learned counsel for the petitioner has drawn attention to quash the FIR. However, learned counsel for the petitioner has drawn attention to quash the FIR. However, learned counsel for the petitioner has drawn attention to quash the FIR. However, learned counsel for the petitioner has drawn attention to the statement of the Investing Officer i.e. Inspector Sahil Kumar, wherein he has the statement of the Investing Officer i.e. Inspector Sahil Kumar, wherein he has the statement of the Investing Officer i.e. Inspector Sahil Kumar, wherein he has the statement of the Investing Officer i.e. Inspector Sahil Kumar, wherein he has Gaurav Gupta, has been found deposed that during investigation third accused- Gaurav Gupta, has been found deposed that during investigation third accused deposed that during investigation third accused innocent.

8. In view of the same, the compromise effected between the In view of the same, the compromise effected between the In view of the same, the compromise effected between the In view of the same, the compromise effected between the complainant and petitioners, who have approached this Court, cannot be said to be complainant and petitioners, who have approached this Court, cannot be said to be complainant and petitioners, who have approached this Court, cannot be said to be complainant and petitioners, who have approached this Court, cannot be said to be partial compromise. partial compromise.

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 Suraksha Sanhita, 2023 would show that the High Court may make such orders, as a Sanhita, 2023 would show that the High Court may make such orders, as would show that the High Court may make such orders, as 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 prevent 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 prevent abuse of 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 Sur 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,

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 settled their dispute, the continuation of fact that both the parties have amicably settled their dispute, the continuation of settled their dispute, the continuation of fact that both the parties have amicably 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 including Narinder Singh and others Versus State of Punjab Narinder Singh and others Versus State of Punjab