SEEMA DEVI AND ORS v. STATE OF HARYANA AND ANR

HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Rajesh K. Dhankhar, Mr. Rajesh K. Dhankhar, Advocate for the petitioners. for the petitioners. Advocate Mr. Vishal Singh, Asstt. A.G., Haryana. Mr. Vishal Singh, Asstt. A.G., Haryana. Mr. Vishal Singh, Asstt. A.G., Haryana. Mr. Rajesh Sharma, Advocate Mr. Rajesh Sharma, for respondent No.2. for respondent No.2. ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J.

1. Bharatiya Nagarik This is a petition filed under Section 528 Bharatiya Nagarik This is a petition filed under Section This is a petition filed under Section Suraksha Sanhita (BNSS), 2023, for quashing of Suraksha Sanhita (BNSS), 2023 FIR No.135, dated for quashing of FIR No.135, dated

28.07.2024, under Sections 351(2), 78, 96 BNS and Section 12 of POCSO 28.07.2024, under Sections 351(2), 78, 96 BNS and Section 12 of POCSO 28.07.2024, under Sections 351(2), 78, 96 BNS and Section 12 of POCSO 28.07.2024, under Sections 351(2), 78, 96 BNS and Section 12 of POCSO Act (dropped during investigation by police) (dropped during investigation by police) (ch allan presented only u/s 11, 9 (challan presented only u/s 11, 9 and Section 75 of the Juvenile Prohibition of Child Marriage Act, 2006 and Section 75 of the Juvenile Prohibition of Child Marriage Act, 2006 of the Prohibition of Child Marriage Act, 2006 Justice (Care and Protection of Children) Act 2015, registered at Police Justice (Care and Protection of Children) Act 2015, registered at Police Justice (Care and Protection of Children) Act 2015, registered at Police Justice (Care and Protection of Children) Act 2015, registered at Police Station Jhojhu Kalan, District Charkhi Dadri (Annexure P-2) and Station Jhojhu Kalan, District Charkhi Dadri (Annexure P Station Jhojhu Kalan, District Charkhi Dadri (Annexure P consequential proceedings arising therefrom on the basis of compromise proceedings arising therefrom on the basis of compromise proceedings arising therefrom on the basis of compromise dated 20.04.2026

20.04.2026 (Annexure P-3). CRM-M-26473 26473-2026 2

2. This Court vide its order dated This had directed the order dated 11.05.2026 had directed the parties to appear before the Illaqa/Duty Magistrate to get their statements parties to appear before the Illaqa/Duty Magistrate to get their statements parties to appear before the Illaqa/Duty Magistrate to get their statements parties to appear before the Illaqa/Duty Magistrate to get their statements learned Magistrate was directed to send its report qua the recorded and the learned Magistrate was directed to send its report qua the learned Magistrate was directed to send its report qua the recorded and the genuineness of the compromise. genuineness of the compromise.

3. have appeared before Pursuant to the aforesaid order, parties have appeared before Pursuant to the aforesaid order, parties Pursuant to the aforesaid order, parties Judicial Magistrate First Class, Charkhi Dadri, Judicial Magistrate First Class and got their statements , Charkhi Dadri, and got their statements recorded. On the basis of the statements so recorded, recorded. On the basis of Judicial Magistrate First the statements so recorded, Judicial Magistrate First Class, Charkhi Dadri, , Charkhi Dadri, has submitted report dated to the effect that has submitted report dated 21.05.2026 to the effect that the compromise has been effected between the parties voluntarily and without the compromise has been effected between the parties voluntarily and without the compromise has been effected between the parties voluntarily and without the compromise has been effected between the parties voluntarily and without any coercion or undue influence. any coercion or undue influence.

4. tate counsel as well as counsel for respondent No.2 Learned State counsel as well as counsel for respondent No.2 tate counsel as well as counsel for respondent No.2 Learned S have not disputed the factum of compromise between the parties. have not disputed the factum of compromise between the parties. have not disputed the factum of compromise between the parties.

5. In view of the above, no useful purpose would be served to In view of the above, no useful purpose would be served to In view of the above, no useful purpose would be served to In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. continue with the proceedings before the trial Court in the instant FIR. continue with the proceedings before the trial Court in the instant FIR.

6. Following the principles laid down by the Full Bench judgment Following the principles laid down by the Full Bench judgment Following the principles laid down by the Full Bench judgment Following the principles laid down by the Full Bench judgment Kulwinder Singh and others Versus State of Punjab and of this Court in Kulwinder Singh and others Versus State of Punjab and Kulwinder Singh and others Versus State of Punjab and of this Court in another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court another 2007 (3) RCR (Criminal) 1052 and by the Hon’ble Supreme Court , this in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this in Gian Singh Versus State of Punjab and others (2012 in Gian Singh Versus State of Punjab and others (2012 FIR No.135, dated 28.07.2024, under Sections 351(2), petition is allowed and FIR No.135, dated 28.07.2024, under Sections 351(2), FIR No.135, dated 28.07.2024, under Sections 351(2), petition is allowed and 78, 96 BNS and Section 12 of POCSO Act (dropped during investigation by 78, 96 BNS and Section 12 of POCSO Act (dropped during investigation by 78, 96 BNS and Section 12 of POCSO Act (dropped during investigation by 78, 96 BNS and Section 12 of POCSO Act (dropped during investigation by police) (challan presented only u/s 11, 9 of the Prohibition of Child Marriage police) (challan presented only u/s 11, 9 of the Prohibition of Child Marriage police) (challan presented only u/s 11, 9 of the Prohibition of Child Marriage police) (challan presented only u/s 11, 9 of the Prohibition of Child Marriage and Section 75 of the Juvenile Justice (Care and Protection of Act, 2006 and Section 75 of the Juvenile Justice (Care and Protection of and Section 75 of the Juvenile Justice (Care and Protection of and Section 75 of the Juvenile Justice (Care and Protection of Children) Act 2015, registered at Police Station Jhojhu Kalan, District Children) Act 2015, registered at Police Station Jhojhu Kalan, District Children) Act 2015, registered at Police Station Jhojhu Kalan, District Children) Act 2015, registered at Police Station Jhojhu Kalan, District Charkhi Dadri (Annexure P-2) and consequential Charkhi Dadri (Annexure P proceedings arising consequential proceedings arising CRM-M-26473 26473-2026 3 therefrom on the basis of compromise dated 20.04.2026 (Annexure P-3) are therefrom on the basis of compromise dated therefrom on the basis of compromise dated quashed.

7. Pending miscellaneous application(s), if any, stand(s) disposed Pending miscellaneous application(s), if any, stand(s) disposed Pending miscellaneous application(s), if any, stand(s) disposed Pending miscellaneous application(s), if any, stand(s) disposed of, accordingly. of, accordingly.

27.05.2026 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No