31.07.2025 State of Punjab Punjab and Ors v. CORAM
Case Details
CRM-M-14474 14474-2025 (O&M) - -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH (257) Sneh Lata and Ors. Sneh Lata and Ors. CRM-M-14474-2025 (O&M) .07.2025 Date of Decision:- 31.07.2025 State of Punjab Punjab and Ors. Versus CORAM:
Legal Reasoning
ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN **** s ……petitioners s ……Respondents Present: Mr. Akshay Chadha, Advocate for the petitioners , Advocate for the petitioners. Mr. Sahil Choudhary, AAG, Punjab. Mr. Sahil Choudhary, AAG, Punjab. Ms. Taanvi Dhull, Advocate for respondent , Advocate for respondents No. 2 and 3. ALOK JAIN, J. (Oral) ALOK JAIN, 1. This petition has been filed under Section 528 of the Bharati a under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.0020 dated Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.0020 dated Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.0020 dated Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.0020 dated A IPC at Police Station 10.02.2022 registered under Sections 406 and 498-A IPC at Police Station 10.02.2022 registered under Sections 406 and 498 10.02.2022 registered under Sections 406 and 498 dings arising City Batala, District Batala and all subsequent proceedings arising City Batala, District Batala and all subsequent procee City Batala, District Batala and all subsequent procee therefrom, on the basis of Settlement agreement dated 21.11.2024 therefrom, on the basis of Settlement agreement dated 21.11.2024 therefrom, on the basis of Settlement agreement dated 21.11.2024 therefrom, on the basis of Settlement agreement dated 21.11.2024 (Annexure P-2) (Annexure P 2. ties entered into a Keeping in view the fact that the parties entered into a Keeping in view the fact that the par settlement, the Coordinate Bench of this Court vide order dated settlement, the Coordinate Bench of this 2025 Court vide order dated 09.03.2025 appear before the Illaqa Magistrate/trial Court for directed the parties to appear before the Illaqa Magistrate/trial Court for appear before the Illaqa Magistrate/trial Court for directed the parties to getting their statements recorded in that regard. Pursuant thereto, a report getting their statements recorded in that regard. Pursuant thereto, a report getting their statements recorded in that regard. Pursuant thereto, a report getting their statements recorded in that regard. Pursuant thereto, a report dated 29.04.2025 29.04.2025 has been received from Additional Civil Judge (Senior Additional Civil Judge (Senior Additional Civil Judge (Senior Division), cum-Sub Divisional Judicial Magistrate, Bata Division), cum stating that Sub Divisional Judicial Magistrate, Batala stating that the compromise arrived at between the parties is voluntary and the same is the compromise arrived at between the parties is voluntary and the same is the compromise arrived at between the parties is voluntary and the same is the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. without any pressure, coercion or undue influence. without any pressure, coercion or undue influence. MANJU 2025.07.31 18:16 I attest to the accuracy and integrity of this document CRM-M-14474 14474-2025 (O&M) -2- - 3. Learned State counsel and learned counsel appearing on behalf Learned State counsel and learned counsel appearing on behalf Learned State counsel and learned counsel appearing on behalf of respondents No.2 and 3 admit the factum of co of respondent mpromise and submit that admit the factum of compromise and submit that they have no objection quashing of the FIR on that basis. no objection in quashing of the FIR on that basis. 4. Perusal of the aforesaid report establishes that the parties have Perusal of the aforesaid report establishes that the parties have Perusal of the aforesaid report establishes that the parties have in amicably settled their dispute, and continuance of criminal proceedings in amicably settled their dispute, and continuance of criminal amicably settled their dispute, and continuance of criminal an exercise in futility, as the chances of conviction such a situation will be an exercise in futility, as the chances of conviction an exercise in futility, as the chances of conviction such a situation will be are bleak. The power under Section 528 BNSS are bleak. The power under Section can be exercised in such 528 BNSS can be exercised in such Gian Singh v. matters. It has been held by Supreme Court of India in cases Gian Singh v. matters. It has been held by Supreme Court of India in cases matters. It has been held by Supreme Court of India in cases State of Punjab and another 2012(10) SCC 303 and State of Punjab and another Singh and 2012(10) SCC 303 and Narinder Singh and 2014(6) SCC 406 that criminal cases others v. State of Punjab and another 2014(6) SCC 406 that criminal cases 2014(6) SCC 406 that criminal cases others v. State of Punjab and another having overwhelmingly civil character, particularly those arising out of having overwhelmingly civil character, particularly those arising out of having overwhelmingly civil character, particularly those arising out of having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, commercial transactions or matrimonial relationships or family disputes, commercial transactions or matrimonial relationships or family disputes, commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved should be quashed when the disputes among parties have resolved the disputes among themselves in a bona fide manner. themselves in a 5. Consequently, the present petition is allowed FIR No.0020 petition is allowed. FIR No.0020 A IPC at Police dated 10.02.2022 registered under Sections 406 and 498-A IPC at Police dated 10.02.2022 registered under Sections 406 and 498 dated 10.02.2022 registered under Sections 406 and 498 Station City Batala, District Batala and Station City Batala, District Batala subsequent proceeding arising and subsequent proceeding arising therefrom, are hereby quashed qua the petitioner of are hereby quashed qua the petitioners subject to costs of Rs.10,000/- to be paid by each petitioners to be paid by and Rs.20,000/- to be paid by respondents s No.2 and 3 (collectively within a period of from within a period of two weeks from today in th in the account of the Poor Patients Welfare Fund, PGIMER, Poor Patients Welfare Fund, PGIMER, Chandigarh. Chandigarh , 2025 July 31, 2025 manju Whether speaking/reasoned: Whether speaking/reasoned:- Whether Reportable:- Whether Reportable: Yes/No Yes/No MANJU 2025.07.31 18:16 I attest to the accuracy and integrity of this document (ALOK JAIN) JUDGE