CRM- IN THE HIGH COURT OF PUNJAB AND HARYANA 256 Rahul Kumar State of Punjab CORAM: Present:-. KIRTI SINGH, J. 1. Suraksha Sanhita, 2023 has been filed seeking quashing of FIR No.167 dated 29.08.2024, under Sections 137(2) and 96 of BNS, registered at Police Station Gobindgarh Mandi, District Fateh with all the subsequent proceedings arising therefrom, on the basis of compromise dated 24.10.2024 (Annexure P 2. the case file. 3. directed to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. 4. been received from the -M-55037-2024 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of Decision: Rahul Kumar Versus Punjab and others CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Mr. Gaurav Garg, Advocate for the petitioner Mr. Luvinder Sofat, Sr. DAG, Punjab Mr. Lalit Pathak, Advocate for respondents No.2 and 3. ***** KIRTI SINGH, J.(Oral) The instant petition under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed seeking quashing of FIR No.167 dated 29.08.2024, under Sections 137(2) and 96 of BNS, registered at Police Station Gobindgarh Mandi, District Fateh with all the subsequent proceedings arising therefrom, on the basis of compromise dated 24.10.2024 (Annexure P Heard learned counsel for the parties and also gone through the case file. Vide orders dated 24.02.2025 directed to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. Pursuant to the aforesaid order been received from the Judicial Magistr - 1- IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-55037-2024 (O&M) Date of Decision: 14.05.2025 ...Petitioner(s) ...Respondents HON'BLE MS. JUSTICE KIRTI SINGH Advocate for the petitioner(s). Mr. Luvinder Sofat, Sr. DAG, Punjab. , Advocate for respondents No.2 and 3. The instant petition under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed seeking quashing of FIR No.167 dated 29.08.2024, under Sections 137(2) and 96 of BNS, registered at Police Station Gobindgarh Mandi, District Fatehgarh Sahib, Punjab, along with all the subsequent proceedings arising therefrom, on the basis of compromise dated 24.10.2024 (Annexure P-2). Heard learned counsel for the parties and also gone through .2025/21.04.2025, the parties were directed to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. Pursuant to the aforesaid orders, report dated 05.05.2025 has Judicial Magistrate Ist Class, Amloh, District ) s The instant petition under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed seeking quashing of FIR No.167 dated 29.08.2024, under Sections 137(2) and 96 of BNS, registered at along with all the subsequent proceedings arising therefrom, on the basis of Heard learned counsel for the parties and also gone through , the parties were directed to appear before the trial Court/Illaqa Magistrate for recording has District KAPIL 2025.05.16 17:46 I attest to the accuracy and integrity of this document CRM- Fatehgarh Sahib (Duty) Divisional Judicial Magistrate, Amloh that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between them and they have no objection in case the FIR in question is quashed. The compromise effected between them i influence and coercion. 5. vs. State of Punjab, 2007 (3) RCR (Criminal) 1052 has power under Section 482 Cr.P.C. to allow the compounding of non compoundable offence and quash the prosecution where the High Court is of the view that the same was required to prevent the abuse of the process of law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disp 6. State of Punjab and another, 2012 (4) RCR (Criminal) 543 observed that in order to secure the ends of justice or to prevent the abuse of process of Court, inherent power can be u criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of the said judgment reads thus: -M-55037-2024 (O&M) Fatehgarh Sahib (Duty) and report dated 13.03.2025 of learned Sub Divisional Judicial Magistrate, Amloh. A perusal of the said report that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between them and they have no objection in case the FIR in question is quashed. The compromise effected between them i influence and coercion. The Full Bench of this Court in vs. State of Punjab, 2007 (3) RCR (Criminal) 1052 has power under Section 482 Cr.P.C. to allow the compounding of non compoundable offence and quash the prosecution where the High Court is of the view that the same was required to prevent the abuse of the process of law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone. Hon'ble the Supreme Court in the case of State of Punjab and another, 2012 (4) RCR (Criminal) 543 observed that in order to secure the ends of justice or to prevent the abuse of process of Court, inherent power can be u criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of the said judgment reads thus: “57. The position that emerges from the above discussion can be summarised thus: the power of the Hig criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation - 2- and report dated 13.03.2025 of learned Sub . A perusal of the said reports reveal that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between them and they have no objection in case the FIR in question is quashed. The compromise effected between them is genuine, without any undue The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, held that High Court has power under Section 482 Cr.P.C. to allow the compounding of non- compoundable offence and quash the prosecution where the High Court is of the view that the same was required to prevent the abuse of the process of law or otherwise to secure the ends of justice. This power of quashing utes alone. Hon'ble the Supreme Court in the case of Gian Singh vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543, had observed that in order to secure the ends of justice or to prevent the abuse of process of Court, inherent power can be used by this Court to quash criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of the said judgment reads thus:- “57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section plenitude with no statutory limitation and report dated 13.03.2025 of learned Sub reveal that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between them and they have no objection in case the FIR in question is quashed. s genuine, without any undue Kulwinder Singh and others , held that High Court - compoundable offence and quash the prosecution where the High Court is of the view that the same was required to prevent the abuse of the process of law or otherwise to secure the ends of justice. This power of quashing Gian Singh vs. , had observed that in order to secure the ends of justice or to prevent the abuse sed by this Court to quash criminal proceedings in which a compromise has been effected. The “57. The position that emerges from the above discussion can be h Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section plenitude with no statutory limitation KAPIL 2025.05.16 17:46 I attest to the accuracy and integrity of this document CRM- 7. of the trial Court regarding amicable settlement between the petitioners and the complainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties and it is in the i sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be served in continuing the proceedings and in order to secure the ends of justice, the criminal proceedings in the present case deserve to be quashed. 8. No.167 dated 29.08.2024, under Sections 137(2) and 96 of BNS, registered at Police Station Gobindgarh Mandi, District Fatehgarh Sahib, Punjab, is quashed qua the petitioner on the basis of 24.10.2024 deposited in Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month 9. accordingly. 14.05.2025 Kapil Whether speaking/reasoned Whether reportable -M-55037-2024 (O&M) but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. xxx xxx In view of the afore-referred judgments, perusing the report of the trial Court regarding amicable settlement between the petitioners and the complainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties and it is in the i sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be served in continuing the proceedings and in order to secure the ends of justice, the criminal proceedings in the present case deserve to be Resultantly, the present petition is allowed and No.167 dated 29.08.2024, under Sections 137(2) and 96 of BNS, registered at Police Station Gobindgarh Mandi, District Fatehgarh Sahib, is quashed qua the petitioner on the basis of 24.10.2024 (Annexure P-2), subject to payment of Rs.20 deposited in Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month. Pending application(s), if any, shall also stand(s) disposed of accordingly. .2025 Whether speaking/reasoned Whether reportable - 3- but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. xxx xxx. ” referred judgments, perusing the report of the trial Court regarding amicable settlement between the petitioners and the complainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be served in continuing the proceedings and in order to secure the ends of justice, the criminal proceedings in the present case deserve to be esultantly, the present petition is allowed and of FIR No.167 dated 29.08.2024, under Sections 137(2) and 96 of BNS, registered at Police Station Gobindgarh Mandi, District Fatehgarh Sahib, is quashed qua the petitioner on the basis of compromise dated subject to payment of Rs.20,000/- to be deposited in Poor Patient Welfare Fund, PGIMER, Chandigarh Pending application(s), if any, shall also stand(s) disposed of (KIRTI SINGH) JUDGE Yes/No Yes/No but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent referred judgments, perusing the report of the trial Court regarding amicable settlement between the petitioners and the complainant, this Court finds that quashing the FIR will accord a nterest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be served in continuing the proceedings and in order to secure the ends of justice, the criminal proceedings in the present case deserve to be FIR No.167 dated 29.08.2024, under Sections 137(2) and 96 of BNS, registered at Police Station Gobindgarh Mandi, District Fatehgarh Sahib, ated to be deposited in Poor Patient Welfare Fund, PGIMER, Chandigarh Pending application(s), if any, shall also stand(s) disposed of KAPIL 2025.05.16 17:46 I attest to the accuracy and integrity of this document