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2023 DAILYLAW 4877 (PNJ)

SUKHJIT KAUR v. STATE OF PUNJAB AND ANOTHER

CRM-M/18055/2026 · 2026-04-30

Mandeep Pannu

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

261 IN THE HIGH COURT OF PUNJAB AND HARYANA SUKHJIT KAUR STATE OF PUNJAB AND ANOTHER CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU Present: Mr. Parambir Singh, Advocate and Ms. Prabhpreet kaur Mr. Ms. Neha Randhawa, MANDEEP PANNU, J (ORAL) 1. This is a petition under Section 528 of FIR No. 85, dated IPC, 1860 (corresponding to Sections and 190 of BNS, 2023 (Annexure P-1), basis of compromise 2. During the pendency of the dispute, the parties have compromised the matter and filed the present petition for 3. Vide order dated the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH SUKHJIT KAUR VERSUS STATE OF PUNJAB AND ANOTHER CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Parambir Singh, Advocate and Ms. Prabhpreet kaur, Advocate for the petitioner. . Rituraj Singh, DAG, Punjab. Ms. Neha Randhawa, Advocate for respondent No. MANDEEP PANNU, J (ORAL) This is a petition under Section 528 of , dated 22.10.2022, under Sections (corresponding to Sections 303 (2), 115 (2), 351 (2) & (3), 191 (3) and 190 of BNS, 2023), registered at Police Station , with all the consequential proceedings arising therefrom, on the basis of compromise dated 27.03.2026 (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 06.04.2026, parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for. IN THE HIGH COURT OF PUNJAB AND HARYANA CRM-M-18055-2026 (O&M) DECIDED ON: 30.04.2026 .....PETITIONER .....RESPONDENTS CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU Advocate for the petitioner. Advocate for respondent No.2. This is a petition under Section 528 of BNSS, 2023 for quashing of , under Sections 379, 323, 506, 148 and 149 of 303 (2), 115 (2), 351 (2) & (3), 191 (3) , registered at Police Station Jodhan, District Ludhiana with all the consequential proceedings arising therefrom, on the exure P-2). During the pendency of the dispute, the parties have compromised quashing of FIR. , parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the for quashing of 379, 323, 506, 148 and 149 of 303 (2), 115 (2), 351 (2) & (3), 191 (3) Ludhiana with all the consequential proceedings arising therefrom, on the During the pendency of the dispute, the parties have compromised , parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the HIMANSHU 2026.04.30 18:05 I attest to the accuracy and integrity of this document CRM-M-18055-2026 (O&M) -2- 4. The report dated 27.04.2026 has been received from Judicial Magistrate, 1st Class, Ludhiana, stating that the parties have entered into a 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 HIMANSHU 2026.04.30 18:05 I attest to the accuracy and integrity of this document CRM-M-18055-2026 (O&M) -3- abhorrent to lawful composition of the society or would promote savagery.” 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 among 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. 85, dated 22.10.2022, under Sections 379, 323, 506, 148 and 149 of IPC, 1860 (corresponding to Sections 303 (2), 115 (2), 351 (2) & (3), 191 (3) and 190 of BNS, 2023), registered at Police Station Jodhan, District Ludhiana (Annexure P-1), with all the consequential proceedings arising therefrom, is quashed qua the petitioner, on the basis of compromise dated 27.03.2026 (Annexure P-2). 9. The present petition is hereby allowed. (MANDEEP PANNU) 30.04.2026 JUDGE himanshu Whether speaking/reasoned Yes/No Whether reportable Yes/No HIMANSHU 2026.04.30 18:05 I attest to the accuracy and integrity of this document