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2023 DAILYLAW 5193 (PNJ)

SUKHMAN ALIAS SUKHMANPREET SINGH AND OTHERS v. STATE OF PUNJAB AND OTHERS

CRM-M/53003/2025 · 2026-03-23

Mandeep Pannu

body2023

Judgment text

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CRM-M-53003- 315 IN THE HIGH COURT OF PUNJAB AND HARYANA Sukhman @ Sukhmanpreet Singh and Others State of Punjab and Others CORAM : HON'BLE MS Present: Mr. (through V.C) Mr. Ritu Raj, AAG Punjab. Mr. Abhinandan, Advocate for respondent No.3. MANDEEP PANNU J. 1. This is a petition under Section 528 of BNSS, 2023 for quashing of FIR No.03 dated 09.01.2025, under Section 115, 296, 190 BNS ( later on), registered at Police consequential proceedings arising therefrom, on the basis of compromise dated 28.08.2025 (Annexure P 2. During the pendency of the dispute, the parties have compromised the matter and filed the present pet 3. Vide order dated the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for. 4. The report dated Judicial Magistrate, -2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : Sukhman @ Sukhmanpreet Singh and Others VERSUS Punjab and Others HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Gagandeep Goel, Advocate for the petitioners (through V.C) Mr. Ritu Raj, AAG Punjab. Mr. Abhinandan, Advocate for respondent No.3. -.- MANDEEP PANNU J. (Oral) This is a petition under Section 528 of BNSS, 2023 for quashing of FIR No.03 dated 09.01.2025, under Section 115, 296, 190 BNS ( later on), registered at Police Station Division No.4, Jalandhar consequential proceedings arising therefrom, on the basis of compromise dated (Annexure P-2). During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of the afore Vide order dated 19.09.2025 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 26.02.2026 has been received from Additional Chief Judicial Magistrate, Jalandhar stating that the parties have entered into a -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-53003-2025 (O&M) Date of Decision : 23.03.2026 ....Petitioners ....Respondents MANDEEP PANNU Gagandeep Goel, Advocate for the petitioners Mr. Abhinandan, Advocate for respondent No.3. This is a petition under Section 528 of BNSS, 2023 for quashing of FIR No.03 dated 09.01.2025, under Section 115, 296, 190 BNS (333 BNS added Division No.4, Jalandhar with all the consequential proceedings arising therefrom, on the basis of compromise dated During the pendency of the dispute, the parties have compromised the ition for quashing of the afore-mentioned FIR. parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the has been received from Additional Chief stating that the parties have entered into a This is a petition under Section 528 of BNSS, 2023 for quashing of added with all the consequential proceedings arising therefrom, on the basis of compromise dated During the pendency of the dispute, the parties have compromised the parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the has been received from Additional Chief stating that the parties have entered into a TRIPTI SAINI 2026.03.24 15:14 I attest to the accuracy and integrity of this document CRM-M-53003- compromise, which is genuine, voluntary and without any coercion or undue influence. 5. Full Bench of this Court in Punjab, 2007 (3) RCR (Criminal) 1052 “29. there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482. Fur 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 sec 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 High Court to invoke or 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 o Court is a vital and an extra and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever congeniali compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to give full abhorrent to 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 ' State of Punjab and another, -2025 (O&M) compromise, which is genuine, voluntary and without any coercion or undue Full Bench of this Court in Kulwinder Singh and 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. Fur 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 sec . 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 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 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 give full effect to the same unless such abhorrent to lawful composition of the society or would promote savagery.” The legal principles as laid down for quashing of the judgment were also approved by the Hon'ble Supreme Court in the matter of ' State of Punjab and another,(2012) 10 SCC 303' -2- compromise, which is genuine, voluntary and without any coercion or undue Kulwinder Singh and others vs. State of , has held:- 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. . 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 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 f power has to be with circumspection and restraint. The ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever- lasting ty 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 effect to the same unless such compromise is lawful composition of the society or would promote 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 03'. compromise, which is genuine, voluntary and without any coercion or undue others vs. State of The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. which can affect the ther, 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 . 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 meters to enable a 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 f power has to be with circumspection and restraint. The ordinary effective instrument to maintain and control social order. The Courts play role of paramount lasting ty 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 compromise is lawful composition of the society or would promote The legal principles as laid down for quashing of the judgment were Gian Singh Versus TRIPTI SAINI 2026.03.24 15:14 I attest to the accuracy and integrity of this document CRM-M-53003- 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, 296, 190 BNS (333 BNS added later on), registered at Police Station Division No.4, Jalandhar quashed qua the petitioners, on the basis of compromise dated (Annexure P-2). 9. Pending application(s), if any, is/are disposed of. March 23, 2026 tripti Whether speaking/non Whether reportable -2025 (O&M) 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 appears to be no chance of conviction. In view of above, FIR No.03 dated 09.01.2025, under Section 115, 296, 190 BNS (333 BNS added later on), registered at Police Station Division No.4, Jalandhar, with all the consequential proceedings arising therefr quashed qua the petitioners, on the basis of compromise dated 2). The present petition is hereby allowed. Pending application(s), if any, is/are disposed of. March 23, 2026 (MANDEEP PANNU) Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -3- 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 appears to be no chance of conviction. FIR No.03 dated 09.01.2025, under Section 115, 296, 190 BNS (333 BNS added later on), registered at Police Station Division , with all the consequential proceedings arising therefrom, is quashed qua the petitioners, on the basis of compromise dated 28.08.2025 The present petition is hereby allowed. Pending application(s), if any, is/are disposed of. (MANDEEP PANNU) JUDGE speaking : Speaking : Yes/No 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 FIR No.03 dated 09.01.2025, under Section 115, 296, 190 BNS (333 BNS added later on), registered at Police Station Division om, is 28.08.2025 TRIPTI SAINI 2026.03.24 15:14 I attest to the accuracy and integrity of this document