Pawan Kumar v. State of Punjab

CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Tanheer Singh Bariana, Advocate for the petitioner , Advocate for the petitioners. Mr. Akash Yadav, AAG, Punjab. Mr. Akash Yadav, AAG, Punjab Mr. Gagandeep Singh Gill, Advocate for Mr. Gagandeep Singh Gill, Advocate for Mr. Kartik Patial, Advocate for respondent No.2. Advocate for respondent No.2. Shalini Singh Nagpal, J. (Oral) Shalini Singh Nagpal, J. (Oral) **** Petitioners seek quashing of FIR No. quashing of FIR No.3 dated 06.02.2025, under Section 85 , of BNS, Police Station NRI, Hoshiarpur, District Hoshiarpur, of BNS, Police Station NRI, Hoshiarpur, District Hoshiarpur and all subsequent proceedings arising and all subsequent proceedings arising therefrom, on the basis of therefrom, on the basis of said to be arrived at between the parties. compromise dated 23.04.2026 said to be arrived at between the parties. compromise

2. , this Court directed the parties to appear before On 06.05.2026, this Court directed the parties to appear before , this Court directed the parties to appear before learned trial Court/Illaqa Magistrate for recording of their statements with learned trial Court/Illaqa Magistrate for recording of their statements with learned trial Court/Illaqa Magistrate for recording of their statements with learned trial Court/Illaqa Magistrate for recording of their statements with ompromise. regard to compromise.

3. of the aforesaid order, parties appeared before In compliance of the aforesaid order, parties appeared before of the aforesaid order, parties appeared before learned Chief Chief Judicial Magistrate, Hoshiarpur . , Hoshiarpur, on 11.05.2026/12.05.2026. Statement of Investigating Inspector Shingara Mattu, No.489/PAP, tement of Investigating officer- Inspector Shingara Mattu, No.489/PAP, Inspector Shingara Mattu, No.489/PAP, posted at NRI Headquarter, Mohali, was recorded posted at NRI Headquarter, . Learned recorded on 15.05.2026. Learned Chief Judicial Magistrate Judicial Magistrate, Hoshiarpur, has submitted report recording has submitted his report recording CRM-M-25186 25186-2026 (O&M) (O&M) 2 satisfaction that all the parties have entered into a valid compromise without satisfaction that all the parties have entered into a valid compromise without satisfaction that all the parties have entered into a valid compromise without satisfaction that all the parties have entered into a valid compromise without any influence or coercion. The relevant part of the report any influence or coercion. as under has been The relevant part of the report as under has been submitted: There are two accused namely Pawan Kumar and Usha “1. There are two accused namely Pawan Kumar and Usha There are two accused namely Pawan Kumar and Usha Devi @ Toshi Devi arraigned in the FIR. Devi @ Toshi Devi arraigned in the FIR. mentioned accused persons have appeared 2. Both the afore-mentioned accused persons have appeared mentioned accused persons have appeared before this court and made statements. before this court and made statements. As per the statement of I. O., no additional accused has 3. As per the statement of I. O., no additional accused has As per the statement of I. O., no additional accused has been added during investigation. been added during investigation. .O., no accused is As per the statement of I.O., no accused is 4. As per the statement of absconder/proclaimed person(s). absconder/proclaimed person(s). per the statement of I.O., no offence was added or 5. As per the statement of I.O., no offence was added or per the statement of I.O., no offence was added or deleted during investigation. deleted during investigation. As per the statement of IO, no investigation is pending 6. As per the statement of IO, no investigation is pending As per the statement of IO, no investigation is pending against any of the accused. against any of the accused. The name of complainant is Anju and besides her, there 7. The name of complainant is Anju and besides her, there The name of complainant is Anju and besides her, there is no other injured/aggrieved. is no other injured/aggriev Besides complainant, there is no other victim/aggrieved 8. Besides complainant, there is no other victim/aggrieved Besides complainant, there is no other victim/aggrieved in the FIR.

9. Investigating Officer namely Inspector Shingara Mattu, Investigating Officer namely Inspector Shingara Mattu, Investigating Officer namely Inspector Shingara Mattu, No. 489/PAP has appeared and his statement has been No. 489/PAP has appeared and his statement has been No. 489/PAP has appeared and his statement has been recorded on 15.05.2026.

10. The trial is currently fixed for prosecu The trial is currently fixed for prosecution evidence.

11. From the statements of the parties, the compromise From the statements of the parties, the compromise From the statements of the parties, the compromise appears to be genuine, voluntary and out of free will of appears to be genuine, voluntary and out of free will of appears to be genuine, voluntary and out of free will of the parties.

12. As per the statement given by no other criminal case As per the statement given by IO no other criminal case or proceedings is pending against the accused.” or proceedings is pending against the accused.

4. and learned counsel for respondent No.2 Learned State counsel and learned counsel for respondent No.2 and learned counsel for respondent No.2 not raised any dispute regarding the factum of compromise. Since the have not raised any dispute regarding the factum of compromise. Since the not raised any dispute regarding the factum of compromise. Since the not raised any dispute regarding the factum of compromise. Since the matter has been amicably resolved, continuation of the criminal proceedings matter has been amicably resolved, continuation of the criminal proceedings matter has been amicably resolved, continuation of the criminal proceedings matter has been amicably resolved, continuation of the criminal proceedings CRM-M-25186 25186-2026 (O&M) (O&M) 3 te which has its genesis in a would be an exercise in futility. The dispute which has its genesis in a would be an exercise in futility. The dispu would be an exercise in futility. The dispu 528 of matrimonial discord, warrants exercise of powers under Section 528 of matrimonial discord, warrants exercise of powers under Section matrimonial discord, warrants exercise of powers under Section BNSS.

5. Following principles of law laid down by the Full Bench Following principles of law laid down by the Full Bench Following principles of law laid down by the Full Bench “Kulwinder Singh and others Vs. State of Punjab Judgment of this Court in “Kulwinder Singh and others Vs. State of Punjab “Kulwinder Singh and others Vs. State of Punjab Judgment of this Court in and another” 2007(3) RCR (Criminal) 1052 and another” 20 and Hon’ble Supreme Court in 07(3) RCR (Criminal) 1052 and Hon’ble Supreme Court in , the “Gian Singh Versus State of Punjab and others” (2012) 10 SCC 303, the “Gian Singh Versus State of Punjab and others” “Gian Singh Versus State of Punjab and others” petition is allowed. petition is allowed.

6. FIR No.3 dated 06.02.2025, under Section 85 of Consequently, FIR No.3 dated 06.02.2025, under Section 85 of FIR No.3 dated 06.02.2025, under Section 85 of and all BNS, Police Station NRI, Hoshiarpur, District Hoshiarpur, and all BNS, Police Station NRI, Hoshiarpur, Distri BNS, Police Station NRI, Hoshiarpur, Distri consequential proceedings arising consequential proceedings arising consequential proceedings arising consequential proceedings arising therefrom, are quashed qua therefrom, are quashed qua therefrom, are quashed qua therefrom, are quashed qua petitioners, on the basis of , on the basis of compromise dated compromise dated 23.04.2026.

7. Pending applications, if any, stand disposed of. Pending applications, if any, stand disposed of. (SHALINI SINGH NAGPAL) (SHALINI SINGH NAGPAL) JUDGE

25.05.2026 Kapil Whether Speaking/Reasoned : Whether Reportable : Yes/No Yes/No