GAGANDEEP SINGH AND OTHERS v. STATE OF PUNJAB AND ANOTHER
Court: High Court of Punjab and Haryana
Bench: MRS. JUSTICE AMARJOT BHATTI
Judgment date:
Case summary
High Court of Punjab and Haryana judgment dated 2025-08-21. GAGANDEEP SINGH AND OTHERS v. STATE OF PUNJAB AND ANOTHER. Read the judgment and case details on...
Judgment text
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 296 CRM-M-33474-2025 Date of decision : 21. 08. 2025 Gagandeep Singh and Ors. ...... Petitioners V/S State of Punjab and Anr. ..... Respondents CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI Present: Mr. Daljeet Singh Randhawa, Advocate for Mr. Amandeep Singh Manaise, Advocate for petitioners. Ms. Amrit Kaur Mahir, AAG, Punjab. Mr. Ajaypal Singh Aulakh, Advocate for respondent No. 2. **** AMARJOT BHATTI J. (ORAL) 1. Petitioners – Gagandeep Singh, Prabhjit Singh and Gurdish Kaur have filed this petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No. 13 dated 20. 01. 2021, registered under Sections 498- A, 406, 420, 506 of IPC 1860 at Police Station City Gurdaspur, District Gurdaspur (Annexure P-1) and all the subsequent proceedings arising therefrom, qua the petitioners, in light of the compromise effected between the parties dated 05. 06. 2025 (Annexure P-2). 2.
As per facts of the case, complainant/respondent No. 2 Mani Des Raj filed written complaint against her husband Gagandeep Singh and other members of in-laws family with the allegations of harassment and physical abuse for demand of dowry. It is submitted that her marriage was performed with Gagandeep Singh on 23. 06. 2017. Prior to this, engagement ceremony took place. Her parents had spent huge money by giving gold ornaments, costly clothes, shagun amount and other articles as detailed in the FIR. On the very next day of her marriage, her in-laws started illtreating her. They taunted her that her family did not give gold jewellery to the other relatives. She was sent to her parental house on account of their demand for various articles and cash amount. Thereafter, she became pregnant and she was forced to undergo sex determination test and it was revealed that she was carrying a female child. She was forced that she should abort the child. However, she went to Dr.
Gurdeep Kaur and saved her pregnancy. All her medical expenditure was borne by her parental family and finally, she gave birth to a girl child. During her stay in the matrimonial home, she was illtreated time and again. She has narrated various incidents which took place in the matrimonial home. There was no change in their behaviour. Her husband wanted to go to Canada. Her father-in-law was earlier in Punjab Police Department and he misused his position. They were not provided any maintenance in the matrimonial home. On 09. 09. 2019 in the morning, she was beaten up and turned out of the matrimonial home empty handed. All her dowry articles were misappropriated. Both the parties have filed cases against each other. With these allegations, present FIR has been registered. 3. Petitioners filed this petition for quashing of aforesaid FIR on the basis of compromise. Vide order dated 02. 07. 2025, petitioners 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 Chief Judicial Magistrate, Gurdaspur dated 01. 08. 2025. Statement of respondent No. 2 has been recorded where she confirmed the compromise with petitioners. She confirmed that this compromise has been effected voluntarily, without any coercion or undue influence and she has no objection regarding quashing of FIR. 4. Petitioners- Gagandeep Singh, Prabhjit Singh and Gurdish Kaur also confirmed this fact in their joint statement. Statement of ASI Jagjit Singh is also recorded who confirmed that petitioners are not involved or declared as proclaimed offenders in any other criminal case. 5.
Therefore, from the report of Chief Judicial Magistrate, Gurdaspur 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. They have mutually settled all their claims arisen from matrimonial dispute. They have filed joint petition under Section 13-B of Hindu Marriage Act. Matter has been settled in Rs. 5,00,000/-. Thereafter, they will be able to live independently in peace and harmony. It will end the 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 these facts, the petition filed by the petitioners is accepted and FIR No. 13 dated 20. 01. 2021, registered under Sections 498-A, 406, 420, 506 of IPC 1860 at Police Station City Gurdaspur, District Gurdaspur (Annexure P-1) and all subsequent proceedings arisen therefrom are quashed qua petitioners. (AMARJOT BHATTI ) JUDGE 21. 08. 2025. Sunil Devi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No
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