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2023 DAILYLAW 5476 (PNJ)

NARENDER KUMAR AND ANOTHER v. STATE OF HARYANA AND ANOTHER

CRM-M/26288/2026 · 2026-05-27

Rupinderjit Chahal

body2023

Judgment text

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CRM-M-26288 IN THE HIGH COURT OF PUNJAB & HARYANA 317 NARENDER KUMAR AND ANOTHER STATE OF HARYANA AND ANOTHER CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Pardeep Kumar Rapria, for the petitioners Mr. Vishal Singh, Asstt. A.G., Haryana. Mr. R.D. Boora, for respondent No.2. RUPINDERJIT CHAHAL, J. (ORAL) 1. This is a petition filed under Section Suraksha Sanhita (BNSS), 2023 31.08.2024, under Sections 109 (1), 3(5) BNS, 2023 and Section 25, 27 of the Arms Act, 19 Dadri (Annexure P basis of compromise dated 2. This parties to appear before the Illaqa/Duty Magistrate to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. 3. Pursuant to the aforesaid order, parties have appeared before the Sessions Judge, Charkhi Dadri 26288-2026 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM Date of decision: NARENDER KUMAR AND ANOTHER Versus STATE OF HARYANA AND ANOTHER HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Pardeep Kumar Rapria, Advocate for the petitioners (Through Video Conferencing) Mr. Vishal Singh, Asstt. A.G., Haryana. Mr. R.D. Boora, Advocate for respondent No.2. ***** RUPINDERJIT CHAHAL, J. (ORAL) This is a petition filed under Section Suraksha Sanhita (BNSS), 2023, for quashing of 31.08.2024, under Sections 109 (1), 3(5) BNS, 2023 and Section 25, 27 of the Arms Act, 1959, registered at Police Station Dadri City, District Charkhi Dadri (Annexure P-1) and consequential proceedings arising therefrom on the basis of compromise dated 09.03.2026 (Annexure P This Court vide its order dated parties to appear before the Illaqa/Duty Magistrate to get their statements recorded and the learned Magistrate was directed to send its report qua the genuineness of the compromise. Pursuant to the aforesaid order, parties have appeared before the ssions Judge, Charkhi Dadri and got their statements recorded. On the basis IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-26288-2026 Date of decision: 27.05.2026 ….Petitioners ....Respondents HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Advocate (Through Video Conferencing). Mr. Vishal Singh, Asstt. A.G., Haryana. This is a petition filed under Section 528 Bharatiya Nagarik for quashing of FIR No.216, dated 31.08.2024, under Sections 109 (1), 3(5) BNS, 2023 and Section 25, 27 of the 59, registered at Police Station Dadri City, District Charkhi proceedings arising therefrom on the (Annexure P-2). order dated 11.05.2026 had directed the parties to appear before the Illaqa/Duty Magistrate to get their statements recorded and the learned Magistrate was directed to send its report qua the Pursuant to the aforesaid order, parties have appeared before the and got their statements recorded. On the basis s ....Respondents Bharatiya Nagarik FIR No.216, dated 31.08.2024, under Sections 109 (1), 3(5) BNS, 2023 and Section 25, 27 of the 59, registered at Police Station Dadri City, District Charkhi proceedings arising therefrom on the had directed the parties to appear before the Illaqa/Duty Magistrate to get their statements recorded and the learned Magistrate was directed to send its report qua the Pursuant to the aforesaid order, parties have appeared before the and got their statements recorded. On the basis GURPREET 2026.05.29 17:20 I attest to the accuracy and authenticity of this document. CRM-M-26288 of the statements so recorded, report dated 18.05.2026 between the parties voluntarily and without any coercion or undue influence. 4. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the partie 5. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. 6. The Hon’ble Supreme Court of India has held in the matter of “Narinder Singh Vs. State of Punjab”2014(2) RCR (Cri follows:- “31. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under section 482 of the Code whil refusing to accept the settlement with direction to continue with the criminal proceedings : (I) Power conferred under section 482 of the Code is to be distinguished from the power which lies in t compound the offences under Section 320 of the Code. No doubt, under section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution. (II) When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases wo (i) ends of justice, or (ii) to prevent abuse of the process of any Court. While exercising the power the High Court is to form an opinion on 26288-2026 2 of the statements so recorded, Sessions Judge, Charkhi Dadri 18.05.2026 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the partie In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. The Hon’ble Supreme Court of India has held in the matter of “Narinder Singh Vs. State of Punjab”2014(2) RCR (Cri “31. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under section 482 of the Code while accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with the criminal proceedings : (I) Power conferred under section 482 of the Code is to be distinguished from the power which lies in t compound the offences under Section 320 of the Code. No doubt, under section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution. (II) When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure : (i) ends of justice, or (ii) to prevent abuse of the process of any Court. While exercising the power the High Court is to form an opinion on Sessions Judge, Charkhi Dadri has submitted to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence. Learned State counsel as well as counsel for respondent No.2 have not disputed the factum of compromise between the parties. In view of the above, no useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR. The Hon’ble Supreme Court of India has held in the matter of “Narinder Singh Vs. State of Punjab”2014(2) RCR (Criminal) 482 as “31. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under section 482 of the Code e accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with (I) Power conferred under section 482 of the Code is to be distinguished from the power which lies in the Court to compound the offences under Section 320 of the Code. No doubt, under section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be exercised sparingly and with caution. (II) When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the uld be to secure : (ii) to prevent abuse of the process of any Court. While exercising the power the High Court is to form an opinion on has submitted to the effect that the compromise has been effected Learned State counsel as well as counsel for respondent No.2 In view of the above, no useful purpose would be served to The Hon’ble Supreme Court of India has held in the matter of as “31. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate treatment to the settlement between the parties and exercising its power under section 482 of the Code e accepting the settlement and quashing the proceedings or refusing to accept the settlement with direction to continue with (I) Power conferred under section 482 of the Code is to be he Court to compound the offences under Section 320 of the Code. No doubt, under section 482 of the Code, the High Court has inherent power to quash the criminal proceedings even in those cases which are not compoundable, where the parties have settled the matter between themselves. However, this power is to be (II) When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the (ii) to prevent abuse of the process of any Court. While exercising the power the High Court is to form an opinion on GURPREET 2026.05.29 17:20 I attest to the accuracy and authenticity of this document. CRM-M-26288 either of the aforesaid two objectives. (III) Such a power is not be exercised in those pros which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for offences alleged to have been committed under like the Prevention of Corruption Act or the offences committed by Public Servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. (IV) On the other, those crimina and pre of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustic to him by not quashing the criminal cases. (VI) Offences under Section 307 I.P.C. would fall in the category of heinous and serious offences and therefore is to be generally treated as crime against the society and not against the indivi decision merely because there is a mention of Section 307 I.P.C. in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Se the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge under Section 307I.P.C. For this purpose, it would be open to the High Court to go by the nature of injury inflicted on the vital/delegate parts of the body, nature of weapons used etc. Medical report in respect of injuries suffered 26288-2026 3 either of the aforesaid two objectives. (III) Such a power is not be exercised in those pros which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for offences alleged to have been committed under like the Prevention of Corruption Act or the offences committed by Public Servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. (IV) On the other, those crimina and pre-dominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustic to him by not quashing the criminal cases. (VI) Offences under Section 307 I.P.C. would fall in the category of heinous and serious offences and therefore is to be generally treated as crime against the society and not against the individual alone. However, the High Court would not rest its decision merely because there is a mention of Section 307 I.P.C. in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 I.P.C. is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge under Section 307I.P.C. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. Medical report in respect of injuries suffered either of the aforesaid two objectives. (III) Such a power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by Public Servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim (IV) On the other, those criminal cases having overwhelmingly dominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. (V) While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases. (VI) Offences under Section 307 I.P.C. would fall in the category of heinous and serious offences and therefore is to be generally treated as crime against the society and not against the However, the High Court would not rest its decision merely because there is a mention of Section 307 I.P.C. in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether ction 307 I.P.C. is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge under Section 307I.P.C. For this purpose, it would be open to the High Court to sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. Medical report in respect of injuries suffered ecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, special statute like the Prevention of Corruption Act or the offences committed by Public Servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim l cases having overwhelmingly dominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the among themselves. (V) While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great e would be caused (VI) Offences under Section 307 I.P.C. would fall in the category of heinous and serious offences and therefore is to be generally treated as crime against the society and not against the However, the High Court would not rest its decision merely because there is a mention of Section 307 I.P.C. in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether ction 307 I.P.C. is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to proving the charge under Section 307I.P.C. For this purpose, it would be open to the High Court to sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. Medical report in respect of injuries suffered GURPREET 2026.05.29 17:20 I attest to the accuracy and authenticity of this document. CRM-M-26288 by the victim can generally be the guiding factor. On the basis of this prima facie analysis, th whether there is a strong possibility of conviction or the chances of conviction are remote and bleak refuse to accept the settlement and quash the criminal proceedings whereas in the later case it the High Court to accept the plea compounding the offence based on complete settlement between the parties. Court can also be swayed by the fact that the settlement between the parties is going to result in harmo may improve their future relationship. (VII) While deciding whether to exercise its power under section 482 of the Code or not, timings of settlement play a crucial role. Those cases where the settlement is arrived at immediately aft the alleged commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is on and even the charge sheet has not been filed. Likewise, those cases where the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show benevolence in exercising its powers favourably, bu facie assessment of the circumstances/material mentioned above. On the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the High Court shoul from exercising its power under section 482 of the Code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under Section 307 I.P.C. is committed or not. in those cases where the conviction is already recorded by the trial court and the matter is at the appellate stage before the High Court, mere compromise between the parties would not be a ground to accept the same resulting in acquittal of th 26288-2026 4 by the victim can generally be the guiding factor. On the basis of this prima facie analysis, the High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are remote and bleak refuse to accept the settlement and quash the criminal proceedings whereas in the later case it the High Court to accept the plea compounding the offence based on complete settlement between the parties. Court can also be swayed by the fact that the settlement between the parties is going to result in harmo may improve their future relationship. (VII) While deciding whether to exercise its power under section 482 of the Code or not, timings of settlement play a crucial role. Those cases where the settlement is arrived at immediately aft the alleged commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is on and even the charge sheet has not been filed. Likewise, those cases where the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show benevolence in exercising its powers favourably, bu facie assessment of the circumstances/material mentioned above. On the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the High Court shoul from exercising its power under section 482 of the Code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under Section 307 I.P.C. is committed or not. in those cases where the conviction is already recorded by the trial court and the matter is at the appellate stage before the High Court, mere compromise between the parties would not be a ground to accept the same resulting in acquittal of th by the victim can generally be the guiding factor. On the basis of e High Court can examine as to whether there is a strong possibility of conviction or the chances of conviction are remote and bleak. In the former case it can refuse to accept the settlement and quash the criminal proceedings whereas in the later case it would be permissible for the High Court to accept the plea compounding the offence based on complete settlement between the parties. At this stage, the Court can also be swayed by the fact that the settlement between the parties is going to result in harmony between them which may improve their future relationship. (VII) While deciding whether to exercise its power under section 482 of the Code or not, timings of settlement play a crucial role. Those cases where the settlement is arrived at immediately after the alleged commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is because of the reason that at this stage the investigation is still on and even the charge sheet has not been filed. Likewise, those cases where the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show benevolence in exercising its powers favourably, but after prima facie assessment of the circumstances/material mentioned above. On the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at the stage of argument, normally the High Court should refrain from exercising its power under section 482 of the Code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the offence under Section 307 I.P.C. is committed or not. Similarly, in those cases where the conviction is already recorded by the trial court and the matter is at the appellate stage before the High Court, mere compromise between the parties would not be a ground to accept the same resulting in acquittal of the offender by the victim can generally be the guiding factor. On the basis of e High Court can examine as to whether there is a strong possibility of conviction or the chances . In the former case it can refuse to accept the settlement and quash the criminal would be permissible for the High Court to accept the plea compounding the offence based At this stage, the Court can also be swayed by the fact that the settlement between ny between them which (VII) While deciding whether to exercise its power under section 482 of the Code or not, timings of settlement play a crucial role. er the alleged commission of offence and the matter is still under investigation, the High Court may be liberal in accepting the settlement to quash the criminal proceedings/investigation. It is still on and even the charge sheet has not been filed. Likewise, those cases where the charge is framed but the evidence is yet to start or the evidence is still at infancy stage, the High Court can show t after prima facie assessment of the circumstances/material mentioned above. On the other hand, where the prosecution evidence is almost complete or after the conclusion of the evidence the matter is at d refrain from exercising its power under section 482 of the Code, as in such cases the trial court would be in a position to decide the case finally on merits and to come a conclusion as to whether the Similarly, in those cases where the conviction is already recorded by the trial court and the matter is at the appellate stage before the High Court, mere compromise between the parties would not be e offender GURPREET 2026.05.29 17:20 I attest to the accuracy and authenticity of this document. CRM-M-26288 who has already been convicted by the trial court. Here charge is proved under Section 307 I.P.C. and conviction is already recorded of a heinous crime and, therefore, there is no question of sparing a convict found guilty of such a crime.” 7. While considering the issue regarding quashing of the FIR under Section 109 of BNS, 2023 (Section 307 of erstwhile IPC) on the basis of compromise, the Hon’ble Supreme Court held in the matter of Madhya Pradesh Vs. Laxmi Narayan; 2019 AIR (S “13. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed and held as under: i) that the power conferred under section 482 of the Code to quash the criminal proce offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or fam when the parties have resolved the entire dispute amongst themselves; ii) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. private in nature and have a serious impact on society; iii) similarly, such power is not to be exercised for the offences under the special statutes like Prevention of Corruption Act or the offences committed by public servants whi capacity are not to be quashed merely on the basis of compromise between the victim and the offender; iv) offences under section 307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are individual alone, and therefore, the criminal proceedings for the 26288-2026 5 who has already been convicted by the trial court. Here charge is proved under Section 307 I.P.C. and conviction is already recorded of a heinous crime and, therefore, there is no question of sparing a convict found guilty of such a crime.” While considering the issue regarding quashing of the FIR under Section 109 of BNS, 2023 (Section 307 of erstwhile IPC) on the basis of compromise, the Hon’ble Supreme Court held in the matter of Madhya Pradesh Vs. Laxmi Narayan; 2019 AIR (S “13. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed and held as under: i) that the power conferred under section 482 of the Code to quash the criminal proceedings for the non offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or fam when the parties have resolved the entire dispute amongst themselves; ii) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. private in nature and have a serious impact on society; iii) similarly, such power is not to be exercised for the offences under the special statutes like Prevention of Corruption Act or the offences committed by public servants whi capacity are not to be quashed merely on the basis of compromise between the victim and the offender; iv) offences under section 307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the who has already been convicted by the trial court. Here charge is proved under Section 307 I.P.C. and conviction is already recorded of a heinous crime and, therefore, there is no question of sparing a convict found guilty of such a crime.” While considering the issue regarding quashing of the FIR under Section 109 of BNS, 2023 (Section 307 of erstwhile IPC) on the basis of compromise, the Hon’ble Supreme Court held in the matter of “State of Madhya Pradesh Vs. Laxmi Narayan; 2019 AIR (SC) 1296 as follows:- “13. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed i) that the power conferred under section 482 of the Code to edings for the non-compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst ii) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society; iii) similarly, such power is not to be exercised for the offences under the special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender; iv) offences under section 307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the who has already been convicted by the trial court. Here charge is proved under Section 307 I.P.C. and conviction is already recorded of a heinous crime and, therefore, there is no question While considering the issue regarding quashing of the FIR under Section 109 of BNS, 2023 (Section 307 of erstwhile IPC) on the basis of “State of “13. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed i) that the power conferred under section 482 of the Code to compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or ily disputes and when the parties have resolved the entire dispute amongst ii) such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or Such offences are not iii) similarly, such power is not to be exercised for the offences under the special statutes like Prevention of Corruption Act or le working in that capacity are not to be quashed merely on the basis of iv) offences under section 307 IPC and the Arms Act etc. would fall in the category of heinous and serious offences and therefore to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the GURPREET 2026.05.29 17:20 I attest to the accuracy and authenticity of this document. CRM-M-26288 offence under section 307 IPC and/or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of section 307 IPC in the FIR or the charg the High Court to examine as to whether incorporation of section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the char would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. However, such an exercise by the H evidence is collected after investigation and the charge sheet is filed/charge is framed and/or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ul of the decision of this Court in the case of Narinder Singh (supra) should be read harmoniously and to be read as a whole and in the circumstances stated hereinabove; v) while exercising the power under sectio quash the criminal proceedings in respect of non offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement/compromise between the victim and the offender, t High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc.” 8. Keeping i 26288-2026 6 offence under section 307 IPC and/or the Arms Act etc. which have a serious impact on the society cannot be quashed in exercise of powers under section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after investigation and the charge sheet is filed/charge is framed and/or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paragraphs 29.6 and 29.7 of the decision of this Court in the case of Narinder Singh (supra) should be read harmoniously and to be read as a whole and in the circumstances stated hereinabove; v) while exercising the power under sectio quash the criminal proceedings in respect of non offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement/compromise between the victim and the offender, t High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc.” Keeping in view the above stated principles of law, now I would offence under section 307 IPC and/or the Arms Act etc. which have a serious impact on the society cannot be quashed in of powers under section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of section 307 IPC in the FIR e is framed under this provision. It would be open to the High Court to examine as to whether incorporation of section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to ge under section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. However, such an igh Court would be permissible only after the evidence is collected after investigation and the charge sheet is filed/charge is framed and/or during the trial. Such exercise is not permissible when the matter is still under investigation. timate conclusion in paragraphs 29.6 and 29.7 of the decision of this Court in the case of Narinder Singh (supra) should be read harmoniously and to be read as a whole and in the circumstances stated hereinabove; v) while exercising the power under section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise n view the above stated principles of law, now I would offence under section 307 IPC and/or the Arms Act etc. which have a serious impact on the society cannot be quashed in of powers under section 482 of the Code, on the ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of section 307 IPC in the FIR e is framed under this provision. It would be open to the High Court to examine as to whether incorporation of section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to ge under section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delegate parts of the body, nature of weapons used etc. However, such an igh Court would be permissible only after the evidence is collected after investigation and the charge sheet is filed/charge is framed and/or during the trial. Such exercise is not permissible when the matter is still under investigation. timate conclusion in paragraphs 29.6 and 29.7 of the decision of this Court in the case of Narinder Singh (supra) should be read harmoniously and to be read as a whole n 482 of the Code to compoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a he High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise n view the above stated principles of law, now I would GURPREET 2026.05.29 17:20 I attest to the accuracy and authenticity of this document. CRM-M-26288 advert to the facts of the present case and the pleadings of the parties. 9. In the present case, to some misunderstanding, which now stands resolved and been compromised with the intervention of both the sides had not only buried their hatchet and even, in view of the compromise between the parties, there are minimal chances of the witnesses coming forward to d precedents referred to above, given the terms of compromise, placement of parties, and other factors peculiar to the case, the contents of the compromise deed and its objectives point towards its accepta 10. Hence, this Court is of the considered opinion that the continuation of the proceedings in the present case would be an abuse of the process of Court. As a consequence, the present petition is accepted and the criminal proceedings arising out of 11. Pending miscellaneous application(s), if any, stand(s) disposed of, accordingly. 27.05.2026 Gurpreet 26288-2026 7 advert to the facts of the present case and the pleadings of the parties. In the present case, a dispute arose between both the parties due to some misunderstanding, which now stands resolved and been compromised with the intervention of both the sides had not only buried their hatchet and even, in view of the compromise between the parties, there are minimal chances of the witnesses coming forward to depose before the Court. In the light of the judicial precedents referred to above, given the terms of compromise, placement of parties, and other factors peculiar to the case, the contents of the compromise deed and its objectives point towards its accepta Hence, this Court is of the considered opinion that the continuation of the proceedings in the present case would be an abuse of the process of Court. As a consequence, the present petition is accepted and the criminal proceedings arising out of , are hereby ordered to be quashed. Pending miscellaneous application(s), if any, stand(s) disposed of, accordingly. i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No advert to the facts of the present case and the pleadings of the parties. dispute arose between both the parties due to some misunderstanding, which now stands resolved and the matter has been compromised with the intervention of respectables. Apart from that, both the sides had not only buried their hatchet and even, in view of the compromise between the parties, there are minimal chances of the witnesses epose before the Court. In the light of the judicial precedents referred to above, given the terms of compromise, placement of parties, and other factors peculiar to the case, the contents of the compromise deed and its objectives point towards its acceptance. Hence, this Court is of the considered opinion that the continuation of the proceedings in the present case would be an abuse of the process of Court. As a consequence, the present petition is accepted and the are hereby ordered to be quashed. Pending miscellaneous application(s), if any, stand(s) disposed (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No dispute arose between both the parties due the matter has . Apart from that, both the sides had not only buried their hatchet and even, in view of the compromise between the parties, there are minimal chances of the witnesses epose before the Court. In the light of the judicial precedents referred to above, given the terms of compromise, placement of parties, and other factors peculiar to the case, the contents of the compromise Hence, this Court is of the considered opinion that the continuation of the proceedings in the present case would be an abuse of the process of Court. As a consequence, the present petition is accepted and the Pending miscellaneous application(s), if any, stand(s) disposed (RUPINDERJIT CHAHAL) GURPREET 2026.05.29 17:20 I attest to the accuracy and authenticity of this document.