KAMAL v. STATE OF HARYANA AND ANOTEHR
Court: High Court of Punjab and Haryana
Bench: MRS. JUSTICE AMARJOT BHATTI
Judgment date:
Case summary
High Court of Punjab and Haryana judgment dated 2025-09-23. KAMAL v. STATE OF HARYANA AND ANOTEHR. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 296 CRM-M-20703-2025 Date of decision : 23. 09. 2025 Kamal ...... Petitioner V/S State of Haryana and Anr. ..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI Present: Ms. Gurdeep Kaur, Advocate for Mr. P. K. Ganga, Advocate for petitioner. Mr. Ayuwan Singh, AAG, Haryana. Mr. Satyam Khichi, Advocate for respondent No. 2. **** AMARJOT BHATTI J. (ORAL) 1. Petitioner – Kamal has filed this petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No. 0023 dated 21. 03. 2025, registered under Sections 74, 75(2) of BNS 2023 and Section 8 of POCSO Act, at Women Police Station, District Sirsa (Annexure P-1) and all the subsequent proceedings arising therefrom, qua the petitioner, in the light of compromise effected between the parties dated 29. 03. 2025 (Annexure P-2). 2. As per facts of the case, complainant/respondent No.
2 gave her th statement that she is about 17 years 9 months old and was studying in 12 standard. On 20. 03. 2025 at about 1:30 PM, she went to the house of Kamal to get a book. Kamal was alone in the house, who told her to sit and the family members will come soon. Said Kamal closed the door and held her hand with bad intention and started molesting her. In the meantime, her father and uncle’s son Bhajan Lal reached there and knocked at the door. Kamal tried to run away. She slapped him but he managed to run away from there. With these allegations, present FIR has been registered. 3. Petitioner filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 22. 07. 2025, petitioner and respondent No. 2 were directed to appear before the trial Court/Illaqa Magistrate for recording their statements on the basis of compromise. Detailed report regarding compromise has been received from the court of Judicial Magistrate Ist Class, Sirsa dated 26. 08. 2025.
Statement of respondent No. 2 has been recorded where she confirmed the compromise with petitioner. She confirmed that this compromise has been effected voluntarily, without any coercion or undue influence and she has no objection regarding quashing of FIR. Learned counsel representing State has already filed status report through Registry, which is taken on record. 4. Petitioner- Kamal also confirmed this fact in his statement. Statement of Inspector Ghanshyam Devi is also recorded who confirmed that petitioner is not involved or declared as proclaimed offender in any other criminal case. 5. Therefore, from the report of Judicial Magistrate Ist Class, Sirsa it is clear that the compromise has been effected between the parties without any pressure, coercion or undue influence, which is acceptable to both the parties. Both the parties are residents of same locality. It would enable them to live in peace and harmony. They have mutually settled all their disputes.
It will end all litigation started between them. 6. Gainful reference can be made to the judgment of Larger Bench of Five Judges of this High Court cited in 2007(3) R. C. R. (Criminal) 1052 titled as “Kulwinder Singh and Ors. Vs. State of Punjab and Anr. ”, where it was explained that ‘there can never be any hard and fast category which can be prescribed to enable the court to exercise its power under Section 482 of Cr. P. C. The only principle that can be laid down is the one which has been incorporated in the section itself i. e. to prevent abuse of the process of any court or to secure the ends of justice. ’ 7. Therefore, by relying upon the ratio of the aforesaid judgment, no purpose would be served with the continuation of criminal proceedings. Considering the aforesaid facts, young age and future of petitioner as well as respondent No. 2, the petition filed by the petitioner is accepted and FIR No. 0023 dated 21. 03.
2025, registered under Sections 74, 75(2) of BNS 2023 and Section 8 of POCSO Act, at Women Police Station, District Sirsa (Annexure P-1) and all subsequent proceedings arisen therefrom are quashed qua petitioner-Kamal. (AMARJOT BHATTI ) JUDGE 23. 09. 2025. Sunil Devi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No
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