Shiva Vohra Through Ashwini Kumar v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 23.04.2026 SHIVA VOHRA THROUGH ASHWINI KUMAR ...PETITIONER

VERSUS

STATE OF PUNJAB AND ANOTHER ...RESPONDENTS CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL

Present:

Mr. Sidhant Vermani, Advocate for the petitioner.

Mr. Akash Yadav, AAG Punjab.

Ms. Sujata Singh, Advocate for respondent No.2.

*** Shalini Singh Nagpal, J. (Oral) 1.

Petitioner seeks quashing of FIR No.45 dated 28.03.2020 under Sections 406/120-B IPC, Police Station Cantonement Amritsar and all consequential proceedings arising therefrom, on the basis of compromise dated 08.12.2025.

2.

On 19.03.2026, this Court directed the parties to appear before learned trial Court/Illaqa Magistrate for recording of their statements with regard to compromise dated 08.12.2026.

3.

In compliance of the aforesaid order, parties appeared before learned Judicial Magistrate Ist Class, Amritsar on 25.03.2026. Statement of Investigating Officer ASI Dharwinder Singh was recorded on 04.04.2026. Learned Judicial Magistrate Ist Class, Amritsar has submitted her report recording satisfaction that all the parties have entered into a valid compromise without any influence or coercion. Point-wise report as under has been submitted:

"1) That as per statement of I.O, the number of accused arraigned in FIR are only three namely Ashwini Kumar, Seeta Rani Vohra and Shiva Vohra.

2) That only accused Shiva Vohra through special power of attorney Ashwani Kumar appeared in the Court for recording his statement. Besides statement of accused Shiva Vohra was also recorded through mode of video conferencing. Furthermore, case against other accused namely Ashwani Kumar and Seeta Rani Vohra had already been compounded.

one accused Shiva Vohra and his power of attorney Ashwini Kumar have made statement.

3) That no additional accused was added during investigation. 4) That as per statement of IO, no accused was ever declared proclaimed person in the present case.

5) That no offence is ever added or deleted after the registration of the FIR or during investigation.

6) That investigation is pending qua accused Shiva Vohra as at the time of presentation of Challan accused Shiva Vohra was residing at Auckland, New Zealand.

7) That there is only one complainant/ injured/ aggrieved in the present case i.e. namely Muskan wife of Shiva Vohra.

8) Yes, the only aggrieved person namely Muskan had appeared before the court and have got recorded her statement as per compromise. 9) That main challan file has already been disposed off after compounding the case against accused Ashwani Kumar and Seeta Rani Vohra. Besides, challan against accused Shiva Vohra is yet to be presented in the Court.

10) That as per statement of parties the compromise has been reached amicably between the parties without any pressure or coercion or undue influence.

11) That no any other criminal case or proceedings are pending against the accused.

12) That in the present case statement of IO namely ASI Dharwinder Singh was recoreded."

4.

Learned State counsel and learned counsel for respondent No.2 have not raised any dispute regarding the factum of compromise. Since the matter has been amicably resolved, continuation of the criminal proceedings

would be an exercise in futility. The dispute which has its genesis in a matrimonial discord, warrants exercise of powers under Section 528 of Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023. 5.

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

6.

FIR No.45 dated 28.03.2020 under Sections 406/120-B IPC, Police Station Cantonement Amritsar and all consequential proceedings arising therefrom, are quashed qua the petitioner, on the basis of compromise dated 08.12.2025.

7.

Pending applications, if any, stand disposed of. (SHALINI SINGH NAGPAL) JUDGE 23.04.2026 HS.CHAUHAN Whether Speaking/Reasoned :

Yes/No Whether Reportable :

Yes/No