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2023 DAILYLAW 4521 (PNJ)

HARDEEP SINGH AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/4127/2026 · 2026-03-19

Sumeet Goel

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Judgment text

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CRM-M No. IN 333 Hardeep S State of Pu CORAM: Present: SUMEET 1. Prese Suraksha S Sections 31 Police Stat arising ther P-2). 2 On ‘This regis 2023 proce (Anne Coun the pe Notic Ms. R No.1 No.4127 of 2026 IN THE HIGH COURT OF PUN AT CHANDIG ***** eep Singh and others Versus of Punjab and another AM: HON'BLE MR. JUSTICE SUM Mr. Mikhail Kad, Advocate, fo Mr. Jaypreet Singh, DAG, Pun Mr. Arshdeep Singh, Advocate --- EET GOEL, J. (ORAL) Present petition has been filed under ksha Sanhita, 2023, for quashing of FI ons 318(4), 351(2), 3(5) of Bharatiya N Station Dirba, District Sangrur, g therefrom, on the basis of compro On 27.1.2026, the following order wa This petition has been filed for quashi egistered under Sections 318(4), 351(2), 023, at Police Station Dirba, District roceedings arising therefrom, on the b Annexure P-2) arrived at between the par ounsel for the petitioner has mentioned he petitioner/s has/have not been declared otice of motion. s. Ruchika Sabherwal, Sr. DAG, Punjab o.1-State and Mr. Ashdeep Singh Ad -1- F PUNJAB AND HARYANA NDIGARH CRM-M No.4127 of 202 Date of decision : 19.3.202 Date of uploading : 20.3.202 ………….Petitioners ersus …….Respondents SUMEET GOEL cate, for the petitioner G, Punjab vocate, for respondent no.2 under Section 528 of Bharatiya Nagar FIR No.219 dated 24.11.2025 und atiya Nyaya Sanhita, 2023, registered grur, and all subsequent proceeding ompromise dated 13.1.2026 (Annexu rder was passed: ashing of FIR No.219, dated 24.11.202 1(2), 3(5) of the Bharatiya Nyaya Sanhi rict Sangrur along with all consequent he basis of compromise dated 13.01.20 parties. ned in memo of parties of the petition th lared as proclaimed person(s). njab, accepts notice on behalf of responde Advocate accepts notice on behalf of 2026 .3.2026 .3.2026 Nagarik 5 under stered at eedings nnexure .2025, anhita, uential 1.2026 on that ondent alf of ASHWANI KUMAR 2026.03.20 17:21 I attest to the accuracy and integrity of this document CRM-M No. respo has a The p Magi conve regar shall subm to thi Repo The ident Simu his/he 3. Pursu Magistrate per the repo ‘(1) I Gurc singh Distr Sang have case. (2) N Ladb Cour victim No.4127 of 2026 espondent No.2 and has filed his vakalat as admitted the factum of compromise eff he parties and Investigating Officer are agistrate/trial Court on 09.02.2026 o onvenience or on request of the parties fo egard to the compromise. However, it is hall be granted to the parties for that pur ubmit the report on or before the next da o this Court specifying the following:- 1. The number of accused have appeared before it a any accused is absconding/ 2. the name of the complain all of them have appeared a the compromise; 3. the stage of trial/proceed 4. if the compromise is gen the parties. 5. Whether any other crimin eport of Illaqa/Duty Magistrate be awaite he trial Court shall ensure that the dentified by the local counsel while imultaneously photographs of the com is/her/their statement(s) by the trial Cour Pursuant to the aforesaid order, repo istrate Ist Class, Sunam has been recei he report, the Trial Court has recorded (1) In present FIR there are three accus urcharan Singh R/o Bhutal Kalan, Tesh ingh @ Jassi S/o Dhanter Singh R/o K istrict Sangrur and Darshan Singh S angrur, Tehsil and District Sangrur. All ave suffered statements. None of them is ase. 2) Name of the complainant is Gurmail Si adbanjara Kalan, Tehsil Dirba, District ourt and has suffered statement. ictim/injured/aggrieved in the present FIR -2- alatnama. The same is taken on record. H e effected between the parties. r are directed to appear before the Illa 26 or any other future date as per es for getting their statements recorded w it is made clear that no further adjournme purpose. The Illaqa/Duty Magistrate sh xt date of hearing. The report be forward used arraigned in the FIR and how ma it and have made statements and wheth ing/proclaimed persons, in the case; plainant and injured/aggrieved and wheth red and made their statements in support ceedings pending; s genuine, voluntary and out of free will riminal case pending against the accused. waited for 09.03.2026. the complainant(s)/victim(s) is/are du hile recording his/her/their statement( omplainant(s)/victim(s) be also affixed ourt.’ r, report dated 20.2.2026 from Judici received, which is taken on record. A orded as follows:- ccused persons namely Hardeep Singh S Teshil Lehra, District Sangrur, Chamk /o Kartarpura Basti, Sangrur, Tehsil a h S/o Sarup Singh R/o Officer Colon All accused appeared before the Court a m is absconding/proclaimed person, in t il Singh son of Gurcharan Singh r/o Villa trict Sangrur. He has appeared before t ent. Except him, there is no oth t FIR. rd. He Illaqa per its ed with rnment e shall arded many hether hether port of will of sed. e duly ent(s). xed on Judicial cord. As gh S/o mkaur sil and olony, rt and in the Village ore the other ASHWANI KUMAR 2026.03.20 17:21 I attest to the accuracy and integrity of this document CRM-M No. (3) N (4) C of fre (5) N The s photo herew 4. Learn having com impugned 5. Simi case the amicably. 6. I hav through the 7. This exercise of in non-com Punjab an State of Pu and anothe (Criminal The propos by Apex Co No.4127 of 2026 3) Neither any remand paper, nor any cha 4) Compromise entered into by the partie f free will of the parties. 5) No other criminal case is pending agai he statements of the parties, statement hotocopies of the Aadhaar cards along w erewith for kind perusal of Hon'ble High Learned counsel for respondent No g compromised and states that he gned FIR is quashed. Similarly, learned State counsel has the FIR is quashed as the parties ably. I have heard learned counsel for the gh the records of the case. This Court and Apex Court has re ise of jurisdiction under Section 482 compoundable offences in the ca b and another, 2012 (10) SCC 303 f Punjab & another, 2007 (3) RCR other vs. State of Madhya Pradesh inal Appeal No.1489 of 2012 decid proposition of law that emerges from pex Court and this Court is: (a) Power u/s 482 Cr.P.C. veste and is unaffected by Section 320 (b) However, wider the power gr (c) The underlining principle whi can be invoked to quash the proc between the parties in the matte -3- y challan is pending in this court. arties is genuine/correct, voluntary and o against any of the accused. ent of investigating officer in original a ng with relevant documents are being se igh Court. Hence, this report.’ ent No.2 admits the factum of partie at he has no objection in case th el has stated that she has no objection parties have compromised the matt for the parties and have carefully gon has repeatedly dealt with the issue o n 482 of the Code to quash proceedin the cases of Gian Singh vs. State 303, Kulwinder Singh & others v CR (Criminal) 1052 and Ram Gop desh, 2021 (4) R.C.R. (Criminal) 32 ecided on 29th of September, 2021 s from the aforesaid decisions rendere vested with this Court is much wid 320 of the Code. r greater the caution. while exercising such power is that proceedings recognizing compromi atters which are overwhelmingly an nd out al and g sent parties ase the ction in matter lly gone issue of ceeding ate of ers vs. Gopal l) 322 2021). endered wider hat it romise ly and ASHWANI KUMAR 2026.03.20 17:21 I attest to the accuracy and integrity of this document CRM-M No. 8. Thus Court is jurisdiction 9 Cons under Sect registered No.4127 of 2026 predominantly of civil character arising out of matrimonial relatio (d) The said power is not to b involving heinous and serious offences like murder, rape, daco private in nature and have a serio (e) Section 482 Cr.P.C. casts dut interest of justice as well. It is i upon the High Court, that Apex would not refuse to quash FIR u FIR finds mention thereof. Hi injuries sustained, whether such parts of the body/nature of weapo (f) Such exercise at the hands of only after the evidence is collecte sheet is filed/ charges framed cannot be carried out while the m (g) While quashing FIR in non- are private in nature, High antecedents of the accused, cond was absconding or whether he enter into a compromise. Thus, keeping in view the aforesa of the considered opinion that iction vested u/s 528 of BNS, 2023 to (i) Putting a quietus to the tranquility amongst parties cause of substantial justice. (ii) The offences alleged are (iii) The parties have compr (iv) As per the report recei voluntary in its nature. (v) Complainant/victim is compromise on his own voli Consequently, the petition is allowe r Sections 318(4), 351(2), 3(5) of tered at Police Station Dirba, Distr -4- acter like commercial transactions lationship or family disputes. to be exercised in the prosecutio ous offences of mental depravity dacoity etc. as such offences are n serious impact on society. duty upon the High Court to advan t is in recognition of this duty caste Apex Court held that the High Cou IR under Section 307 merely becau . High Court can assess nature uch injuries inflicted on vital/delica eapons used etc. s of High Court would be permissib llected after investigation and charg med during the trial. Such exerci the matter is still under investigation -compoundable offences even whic igh Court is required to consid onduct of the accused and whether h he has managed the complainant foresaid facts and circumstances, th that it is a fit case to exercise to quash the FIR as :- the proceedings will bring peace an rties & will accordingly further th tice. are primarily of private nature. mpromised. eceived the compromise is said to b is reported to have entered in volition. allowed. FIR No.219 dated 24.11.202 ) of Bharatiya Nyaya Sanhita, 202 , District Sangrur and all conseque ons or utions ity or re not vance casted Court ecause ure of elicate issible harge- ercise tion. which nsider her he ant to this ce and er the to be d into 11.2025 , 2023, sequent ASHWANI KUMAR 2026.03.20 17:21 I attest to the accuracy and integrity of this document CRM-M No. proceeding 13.1.2026 19.3.2026 Ashwani    No.4127 of 2026 edings arising therefrom, on the b 2026, are, hereby, quashed qua the pet 2026     Whether reportable: -5- the basis of compromise deed date the petitioners. (SUMEET GOEL JUDGE   Yes/No dated GOEL) ASHWANI KUMAR 2026.03.20 17:21 I attest to the accuracy and integrity of this document