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2024 DAILYLAW 1718 (PNJ)

KANWAR SINGH AND ORS. v. STATE OF HARYANA AND ANR

CRM-M/6505/2026 · 2026-05-06

Mandeep Pannu

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Judgment text

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305 IN THE HIGH COURT OF PUNJAB AND HARYANA KANWAR SINGH AND ORS. STATE OF HARYANA AND ANR CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU Present: Mr. Mohit Rathee, Advocate and Mr. Randeep Punia, Mr. Mr. Ms. Sonia Lamba, MANDEEP PANNU, J 1. This is a petition under Section 528 of FIR No. 410/2024 118(1), 238(A), Gannaur, District Sonipat, arising therefrom, on the basis of compromise 2. During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of 3. Vide order 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 AT CHANDIGARH KANWAR SINGH AND ORS. VERSUS STATE OF HARYANA AND ANR HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Mohit Rathee, Advocate and Mr. Randeep Punia, Advocate for the petitioner Mr. Vaibhav Sharma, AAG, Haryana. Mr. Parveen, Advocate and Ms. Sonia Lamba, Advocate for respondent No.2. MANDEEP PANNU, J (ORAL) This is a petition under Section 528 of 410/2024, dated 07.10.2024 (Annexure P 118(1), 238(A), 351(2) and 3(5) of BNS, 2023 and Gannaur, District Sonipat, Haryana, with all the consequential proceedings arising therefrom, on the basis of compromise dated During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of Vide orders dated 23.03.2026 and 08.04.2026 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-6505-2026 (O&M) DECIDED ON: 06.05.2026 .....PETITIONERS .....RESPONDENTS HON'BLE MS. JUSTICE MANDEEP PANNU Advocate for the petitioners. Vaibhav Sharma, AAG, Haryana. Advocate for respondent No.2. This is a petition under Section 528 of BNSS, 2023 for quashing of (Annexure P-1), under Sections 115, 3(5) of BNS, 2023 and registered at Police Station with all the consequential proceedings dated 19.01.2026 (Annexure P-2). During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of FIR. and 08.04.2026, parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the for quashing of 115, registered at Police Station with all the consequential proceedings 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 HIMANSHU 2026.05.07 09:50 I attest to the accuracy and integrity of this document CRM-M-6505-2026 (O&M) -2- 4. The report dated 03.04.2026 has been received from Sub Divisional, Judicial Magistrate, Ganaur, Sonipat, 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 2026.05.07 09:50 I attest to the accuracy and integrity of this document CRM-M-6505-2026 (O&M) -3- abhorrent to lawful composition of the society or would promote savagery.” 6. 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. 7. In view of above, FIR No. 410/2024, dated 07.10.2024 (Annexure P-1), under Sections 115, 118(1), 238(A), 351(2) and 3(5) of BNS, 2023 and registered at Police Station Gannaur, District Sonipat, Haryana, with all the consequential proceedings arising therefrom, is quashed qua the petitioners, on the basis of affidavit and compromise dated 19.01.2026 (Annexure P-2). 8. The present petition is hereby allowed. (MANDEEP PANNU) 06.05.2026 JUDGE himanshu Whether speaking/reasoned Yes/No Whether reportable Yes/No HIMANSHU 2026.05.07 09:50 I attest to the accuracy and integrity of this document