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2023 DAILYLAW 3741 (PNJ)

SAURABH AHLAWAT v. STATE OF HARYANA AND OTHERS

CRM-M/17859/2026 · 2026-04-30

Kirti Singh

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB AND HARYANA SAURABH AHLAWAT STATE OF HARYANA AND ANOTHER CORAM: Present: KIRTI SINGH, J.(ORAL) 1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the Code of Criminal Procedure, 1973) 12.12.2024 (Annexure P (i.e. Sections 323, 406, 498 Panchkula along with all subsequent proceedings arising therefrom, on the basis of settlement/agreement dated 12.01.2026 (Annexure P between the parties. 2. case file. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM- Date of decision: 30 SAURABH AHLAWAT VS. STATE OF HARYANA AND ANOTHER HON’BLE MS. JUSTICE KIRTI SINGH Mr. Harsh Sharma, Advocate for the petitioner. Mr. Brijesh Sharma, AAG, Haryana. Ms. Sandhya Saini, Advocate Mr. Deipa Singh, Advocate for respondent No.2/complainant. **** KIRTI SINGH, J.(ORAL) The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the Code of Criminal Procedure, 1973), for quashing of FIR No.90 dated 12.12.2024 (Annexure P-1), under Sections 115(2), 316(2) and 85 of BNS (i.e. Sections 323, 406, 498-A of IPC), registered at Police Station Women, Panchkula along with all subsequent proceedings arising therefrom, on the asis of settlement/agreement dated 12.01.2026 (Annexure P between the parties. Heard learned counsel for the parties and also gone through the IN THE HIGH COURT OF PUNJAB AND HARYANA -M-17859-2026 Date of decision: 30.04.2026 …PETITIONER …RESPONDENTS HON’BLE MS. JUSTICE KIRTI SINGH Mr. Brijesh Sharma, AAG, Haryana. for respondent No.2/complainant. The present petition has been filed under Section 528 of the (Corresponding Section 482 of , for quashing of FIR No.90 dated 1), under Sections 115(2), 316(2) and 85 of BNS A of IPC), registered at Police Station Women, Panchkula along with all subsequent proceedings arising therefrom, on the asis of settlement/agreement dated 12.01.2026 (Annexure P-3) arrived at Heard learned counsel for the parties and also gone through the The present petition has been filed under Section 528 of the (Corresponding Section 482 of , for quashing of FIR No.90 dated 1), under Sections 115(2), 316(2) and 85 of BNS A of IPC), registered at Police Station Women, Panchkula along with all subsequent proceedings arising therefrom, on the 3) arrived at Heard learned counsel for the parties and also gone through the POONAM SHARMA 2026.05.01 16:44 I attest to the accuracy and authenticity of this document CRM-M-17859 3. were directed to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. 4. been received from the Judicial Magistrate, of the said report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between them and they have no objection in case the FIR in question quashed. The compromise effected between them is genuine, without any undue influence and coercion. 5. vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, Court has the po non-compoundable offence(s) and quash the proceedings where the High Court is of the view that the same was required to prevent the abuse of the process of law or otherwise to secure the ends of jus quashing is not confined to matrimonial disputes alone. 6. vs. State of Punjab and another, 2012(4) RCR (Criminal) 543 observed that in order to secure the ends of just process of Court, inherent power can be used by this Court to quash criminal 17859-2026 Vide order dated 06.04.2026 passed by this were directed to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. Pursuant to the aforesaid order, report dated 21 been received from the Judicial Magistrate, of the said report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between them and they have no objection in case the FIR in question quashed. The compromise effected between them is genuine, without any undue influence and coercion. The Full Bench of this Court in vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, Court has the power under Section 482 Cr.P.C. to allow the compounding of compoundable offence(s) and quash the proceedings where the High Court is of the view that the same was required to prevent the abuse of the process of law or otherwise to secure the ends of jus quashing is not confined to matrimonial disputes alone. The Hon'ble Supreme Court of India in the case of vs. State of Punjab and another, 2012(4) RCR (Criminal) 543 observed that in order to secure the ends of just process of Court, inherent power can be used by this Court to quash criminal -2- .2026 passed by this Court, the parties were directed to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. aforesaid order, report dated 21.04.2026 has been received from the Judicial Magistrate, Ist Class, Panchkula. A perusal of the said report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between them and they have no objection in case the FIR in question is quashed. The compromise effected between them is genuine, without any The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, held that the High wer under Section 482 Cr.P.C. to allow the compounding of compoundable offence(s) and quash the proceedings where the High Court is of the view that the same was required to prevent the abuse of the process of law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone. The Hon'ble Supreme Court of India in the case of Gian Singh vs. State of Punjab and another, 2012(4) RCR (Criminal) 543, had observed that in order to secure the ends of justice or to prevent the abuse of process of Court, inherent power can be used by this Court to quash criminal Court, the parties were directed to appear before the trial Court/Illaqa Magistrate for recording .04.2026 has . A perusal of the said report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled is quashed. The compromise effected between them is genuine, without any Kulwinder Singh and others held that the High wer under Section 482 Cr.P.C. to allow the compounding of compoundable offence(s) and quash the proceedings where the High Court is of the view that the same was required to prevent the abuse of the tice. This power of Gian Singh , had ice or to prevent the abuse of process of Court, inherent power can be used by this Court to quash criminal POONAM SHARMA 2026.05.01 16:44 I attest to the accuracy and authenticity of this document CRM-M-17859 proceedings in which a compromise has been effected. The relevant portion of para 57 of the said judgment reads “57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power giv compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i to secure the ends of justice or (ii) to prevent abuse of the process of any Court. xxx xxx xxx. ” 7. report of the trial Court regarding amicable settlement between the petitioner(s) and accord a quietus to all disputes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be served in continuing t secure the ends of justice, the criminal proceedings in the present case deserve to be quashed. 8. 12.12.2024 (Annexure P (i.e. Sections 323, 406, 498 17859-2026 proceedings in which a compromise has been effected. The relevant portion of para 57 of the said judgment reads thus:- 57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power giv compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i to secure the ends of justice or (ii) to prevent abuse of the process of any Court. xxx xxx xxx. ” In view of the afore-referred judgments and after perusing the report of the trial Court regarding amicable settlement between the petitioner(s) and the complainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be served in continuing the proceedings and in order to secure the ends of justice, the criminal proceedings in the present case deserve to be quashed. Resultantly, the present petition is allowed and 12.12.2024 (Annexure P-1), under Sections 115(2), 316(2) an (i.e. Sections 323, 406, 498-A of IPC), registered at Police Station Women, -3- proceedings in which a compromise has been effected. The relevant portion 57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any referred judgments and after perusing the report of the trial Court regarding amicable settlement between the the complainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful he proceedings and in order to secure the ends of justice, the criminal proceedings in the present case Resultantly, the present petition is allowed and FIR No.90 dated 1), under Sections 115(2), 316(2) and 85 of BNS A of IPC), registered at Police Station Women, proceedings in which a compromise has been effected. The relevant portion 57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is en to a criminal court for Inherent power is of wide plenitude with no statutory limitation but it has ) to secure the ends of justice or (ii) to prevent abuse of the process of any referred judgments and after perusing the report of the trial Court regarding amicable settlement between the the complainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful he proceedings and in order to secure the ends of justice, the criminal proceedings in the present case FIR No.90 dated d 85 of BNS POONAM SHARMA 2026.05.01 16:44 I attest to the accuracy and authenticity of this document CRM-M-17859 Panchkula along with all subsequent proceedings arising therefrom, quashed qua the petitioner 12.01.2026 (Annexure P payment of Rs.20,000/ Patient Welfare Fund, PGIMER, Chandigarh within a period of one month. 9. disposed of. April 30, 2026 Poonam Sharma 17859-2026 Panchkula along with all subsequent proceedings arising therefrom, quashed qua the petitioner on the basis of settlement/agreement d 12.01.2026 (Annexure P-3) arrived at between the parties payment of Rs.20,000/- to be deposited by the petitioner(s) in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month. Pending miscellaneous application( , 2026 Poonam Sharma Whether speaking/reasoned? Whether Reportable? -4- Panchkula along with all subsequent proceedings arising therefrom, are on the basis of settlement/agreement dated 3) arrived at between the parties, subject to to be deposited by the petitioner(s) in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month. Pending miscellaneous application(s), if any, also stands (KIRTI SINGH) JUDGE Yes/No Yes/No are ated , subject to to be deposited by the petitioner(s) in the Poor s), if any, also stands POONAM SHARMA 2026.05.01 16:44 I attest to the accuracy and authenticity of this document