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High Court of Punjab and Haryana · body

2025 DAILYLAW 1057 (PNJ)

BHUPINDER v. STATE OF HARYANA AND ANOTHER

CRM-M/17614/2026 · 2026-04-29

Kirti Singh

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA BHUPINDER STATE OF HARYANA AND ANOTHER CORAM: Present: KIRTI SINGH, J.(ORAL) 1. Bharatiya Nagarik Suraksha Sanhita, 19.03.2025, under Sections (corresponding Sections Station Sadar proceedings arising therefrom on the basis 2) arrived between the parties. 2. case file. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM- Date of decision: 29.04.2026 NDER VS. STATE OF HARYANA AND ANOTHER HON’BLE MS. JUSTICE KIRTI SINGH Mr. Virender Kumar, Advocate for Mr. Sube Singh, Advocate for Mr. Anmol Malik, DAG, Haryana. Mr. Mandeep Singh Jangu, Advocate for respondent No.2/Complainant. **** KIRTI SINGH, J.(ORAL) The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR , under Sections 118(1), 118(2) and 85 of BNS, 2023 (corresponding Sections 324, 326 and 498A IPC Station Sadar Dadri, District Charkhi Dadri proceedings arising therefrom on the basis of the compromise (Annexure P ) arrived between the parties. Heard learned counsel for the parties IN THE HIGH COURT OF PUNJAB AND HARYANA -M-17614-2026 Date of decision: 29.04.2026 …PETITIONER STATE OF HARYANA AND ANOTHER …RESPONDENTS HON’BLE MS. JUSTICE KIRTI SINGH Mr. Sube Singh, Advocate for the petitioner. Mr. Anmol Malik, DAG, Haryana. Mr. Mandeep Singh Jangu, Advocate respondent No.2/Complainant. The present petition has been filed under Section 528 of the 2023, for quashing of FIR No.72 dated 118(1), 118(2) and 85 of BNS, 2023 324, 326 and 498A IPC), registered at Police Charkhi Dadri and all other consequential of the compromise (Annexure P- Heard learned counsel for the parties and also gone through the The present petition has been filed under Section 528 of the dated 118(1), 118(2) and 85 of BNS, 2023 , registered at Police and all other consequential - and also gone through the POONAM SHARMA 2026.04.29 18:31 I attest to the accuracy and authenticity of this document CRM-M-17614 3. were directed to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. 4. been received from the report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been s them and they have no objection in case the FIR in question is quashed. The compromise effected between them is genuine, without any undue influence and coercion. 5. vs. State of Pun Court has the power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence(s) and quash the proceedings where the High Court is of the view that the same was required to prevent process of law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone. 6. vs. State of Punjab and another, 2012(4) RCR ( 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 17614-2026 Vide order dated 02.04.2026 passed by were directed to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. Pursuant to the aforesaid order, report dated 08.04 been received from the Sessions Judge, Charkhi Dadri report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been s them and they have no objection in case the FIR in question is quashed. The compromise effected between them is genuine, without any undue influence and coercion. The Full Bench of this Court in vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, Court has the power under Section 482 Cr.P.C. to allow the compounding of compoundable offence(s) and quash the proceedings where the High Court is of the view that the same was required to prevent process of law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone. The Hon'ble Supreme Court of India in the case of vs. State of Punjab and another, 2012(4) RCR ( 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 -2- 2026 passed by this Court, the parties were directed to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. aforesaid order, report dated 08.04.2026 has Sessions Judge, Charkhi Dadri. A perusal of the said report reveals 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 influence The Full Bench of this Court in Kulwinder Singh and others jab, 2007 (3) RCR (Criminal) 1052, held that the High Court has the power under Section 482 Cr.P.C. to allow the compounding of compoundable offence(s) and quash the proceedings 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. The Hon'ble Supreme Court of India 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 this Court, the parties were directed to appear before the trial Court/Illaqa Magistrate for recording .2026 has . A perusal of the said report reveals that statements of the concerned persons have been recorded ettled 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 influence Kulwinder Singh and others held that the High Court has the power under Section 482 Cr.P.C. to allow the compounding of compoundable offence(s) and quash the proceedings where the High the abuse of the process of law or otherwise to secure the ends of justice. This power of Gian Singh , 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 POONAM SHARMA 2026.04.29 18:31 I attest to the accuracy and authenticity of this document CRM-M-17614 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 a compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in to secure the ends of justice or (ii) to prevent abuse of the process of any Court. xxx xxx xxx. ” 7. report of the trial Court rega petitioner(s) 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. 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. 19.03.2025, under Sections (corresponding Sections Station Sadar 17614-2026 proceedings in which a compromise has been effected. The relevant portion a 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 320 of the Code. Inherent power is of wide plenitude with no statutory limitation 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 xxx. ” In view of the afore-referred judgments and after perusing the report of the trial Court regarding amicable settlement between the petitioner(s) 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. 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. Resultantly, the present petition is allowed and , under Sections 118(1), 118(2) and 85 of BNS, 2023 (corresponding Sections 324, 326 and 498A IPC Station Sadar Dadri, District Charkhi Dadri and all other consequential -3- proceedings in which a compromise has been effected. The relevant portion 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 nd 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 but it has 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 referred judgments and after perusing the rding amicable settlement between the petitioner(s) 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 Resultantly, the present petition is allowed and FIR No.72 dated 118(1), 118(2) and 85 of BNS, 2023 324, 326 and 498A IPC), registered at Police and all other consequential proceedings in which a compromise has been effected. The relevant portion 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 nd different from the power given to a criminal court for Inherent power is of wide plenitude with no statutory limitation but it has 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 referred judgments and after perusing the rding amicable settlement between the petitioner(s) 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 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 dated 118(1), 118(2) and 85 of BNS, 2023 , registered at Police POONAM SHARMA 2026.04.29 18:31 I attest to the accuracy and authenticity of this document CRM-M-17614 proceedings arising therefrom, are hereby quashed qua petitioner( basis of the compromise (Annexure P to be deposited by the petitioner(s) in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month. 9. disposed of. April 29, 2026 Poonam Sharma 17614-2026 proceedings arising therefrom, are hereby quashed qua petitioner( of the compromise (Annexure P-2), subject to payment of Rs.20,000/ to be deposited by the petitioner(s) in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month. Pending miscellaneous application(s), if any, als April 29, 2026 Poonam Sharma Whether speaking/reasoned? Whether Reportable? -4- proceedings arising therefrom, are hereby quashed qua petitioner(s) on the ), subject to payment of Rs.20,000/- to be deposited by the petitioner(s) in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month. Pending miscellaneous application(s), if any, also stands (KIRTI SINGH) JUDGE Yes/No Yes/No s) on the - to be deposited by the petitioner(s) in the Poor Patient Welfare Fund, o stands POONAM SHARMA 2026.04.29 18:31 I attest to the accuracy and authenticity of this document