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2023 DAILYLAW 3607 (PNJ)

JOGINDER SINGH AND ORS v. STATE OF PUNJAB AND ANOTHER

CRM-M/14328/2026 · 2026-04-10

Mandeep Pannu

Public Interest Litigationbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

243 IN THE HIGH COURT OF PUNJAB AND HARYANA JOGINDER SINGH AND ORS STATE OF PUNJAB AND ANOTHER CORAM: HON'BLE MS. JUSTICE MANDEEP Present: Mr. Mr. Akash Bharti, Advocate Mr. Yogesh Saini, Advocate for the petitioners. Mr. Mr. MANDEEP PANNU, J (ORAL) 1. This is a petition under Section 528 of No. 121, dated 09.10.2023 of IPC (Sections 333, 115(2), 49, 3(5) of BNS) District Bathinda the basis of compromise 2. During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of FIR. 3. Vide order the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for. 4. The report dated Magistrate, 1st Class, Phul IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH JOGINDER SINGH AND ORS VERSUS STATE OF PUNJAB AND ANOTHER CORAM: HON'BLE MS. JUSTICE MANDEEP Lupil Gupta, Advocate Mr. Akash Bharti, Advocate Mr. Yogesh Saini, Advocate for the petitioners. Mr. Rituraj Singh, DAG, Punjab. Harshdeep Singh, Advocate for respondent No.2 MANDEEP PANNU, J (ORAL) This is a petition under Section 528 of 09.10.2023 (Annexure P-1), under Sections of IPC (Sections 333, 115(2), 49, 3(5) of BNS), registered at Police Station Bathinda, with all the consequential proceedings arising therefrom, on the basis of compromise dated 20.12.2025 (Annexure P During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of FIR. Vide order dated 17.03.2026, parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for. The report dated 27.03.2026 has been received from Class, Phul, stating that the parties have entered into a IN THE HIGH COURT OF PUNJAB AND HARYANA CRM-M-14328-2026 (O&M) DECIDED ON: 10.04.2026 .....PETITIONERS .....RESPONDENTS CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU , Advocate for respondent No.2. This is a petition under Section 528 of BNSS for quashing of FIR 1), under Sections 452, 323, 109 and 34 registered at Police Station Phul, e consequential proceedings arising therefrom, on exure P-2). During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of FIR. .2026, parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the .2026 has been received from Judicial parties have entered into a BNSS for quashing of FIR 452, 323, 109 and 34 Phul, e consequential proceedings arising therefrom, on During the pendency of the dispute, the parties have compromised .2026, parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the Judicial HIMANSHU 2026.04.10 13:54 I attest to the accuracy and integrity of this document CRM-M-14328-2026 (O&M) -2- compromise, which is genuine, voluntary and without any coercion or undue influence. 5. Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:- “29. The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings even in noncompoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice. 30. The power under Section 482 of the Cr.P.C. is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined para-meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 of the Cr.P.C. has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with circumspection and restraint. The Court is a vital and an extra-ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever- lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to givefull effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.” HIMANSHU 2026.04.10 13:54 I attest to the accuracy and integrity of this document CRM-M-14328-2026 (O&M) -3- 6. The legal principles as laid down for quashing of the judgment were also approved by the Hon'ble Supreme Court in the matter of 'Gian Singh Versus State of Punjab and another,(2012) 10 SCC 303'. 7. It is evident that in view of the amicable resolution of the issues amongst the parties, no useful purpose would be served by continuation of the proceedings. The furtherance of the proceedings is likely to be a waste of judicial time and there appears to be no chance of conviction. 8. In view of above, FIR No. 121, dated 09.10.2023 (Annexure P-1), under Sections 452, 323, 109 and 34 of IPC (Sections 333, 115(2), 49, 3(5) of BNS), registered at Police Station Phul, District Bathinda, with all the consequential proceedings arising therefrom, is quashed qua the petitioners, on the basis of compromise dated 20.12.2025 (Annexure P-2). 9. The present petition is hereby allowed. (MANDEEP PANNU) 10.04.2026 JUDGE himanshu Whether speaking/reasoned Yes/No Whether reportable Yes/No HIMANSHU 2026.04.10 13:54 I attest to the accuracy and integrity of this document