Research › Search › Judgment

High Court of Punjab and Haryana · body

2025 DAILYLAW 127014 (PNJ)

KUSHAL ALIAS KUSU AND OTHERS v. STATE OF UT CHANDIGARH AND ANOTHER

CRM-M/54481/2025 · 2025-11-27

Aman Chaudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN TH 295 KUSHAL ALIA STATE OF UT CORAM: HO Present: Mr Mr Dr. *** AMAN CHAUD 1. The dated 29.07.202 BNS, at Police proceedings aris (Annexure P-2) 2. Thi 25.09.2025, dire for recording the 3. Pur received from th report reveals th present case, wh they have no ob effected between stated in the rep declared as proc 4. Hea file. 5. The State of Punjab under Section 48 N THE HIGH COURT OF PUNJAB CHANDIGARH CRM-M Date of de ALIAS KUSU AND OTHERS Versus F UT CHANDIGARH AND ANOTH HON'BLE MR. JUSTICE AMAN Mr. SK Kanojia, Advocate for the p Mr. Samir Rathaur, Addl. PP, UT C Dr. Namit Kumar, Advocate for res *** HAUDHARY, J. (Oral) The present petition has been file 07.2025, registered under Sections 11 Police Station Sector 31, Chandiga gs arising therefrom on the basis of t 2). This Court while issuing notice , directed the parties to appear befor ing their statements with regard to the Pursuant to the aforesaid order, re rom the Judicial Magistrate 1st Class, eals that statements of the concerned p se, who have stated that the matter ha no objection in case the FIR in ques etween them is genuine, without any u the report that there are three accused s proclaimed offender and are not invo Heard learned counsel for the parti The Full Bench of this Court in unjab, 2007 (3) RCR (Criminal) 1052 tion 482 Cr.P.C. to allow the compoun NJAB AND HARYANA AT GARH M-54481-2025 (O&M) te of decision: 27.11.2025 ..Petitioners NOTHER ..Respondents AMAN CHAUDHARY r the petitioners. , UT Chandigarh. for respondent No.2. en filed for quashing of FIR No.14 115(2), 126(2), 351(2), 351(3), 3(5 andigarh, and all other consequenti is of the compromise dated 20.09.202 notice of motion vide order date before the trial Court/Illaqa Magistra to the compromise. rder, report dated 19.11.2025 has bee Class, Chandigarh. A perusal of the sa erned persons have been recorded in th tter has been settled between them an n question is quashed. The compromis any undue influence and coercion. It ccused. None of the accused has bee ot involved in any other FIR. e parties and also gone through the cas rt in Kulwinder Singh and others v l) 1052, held that High Court has pow mpounding of non-compoundable 146, (3), 3(5) quential 09.2025 r dated agistrate as been the said d in the em and promise ion. It is as been he case hers vs. s power ASHOK KUMAR 2025.11.28 10:32 I attest to the accuracy and integrity of this document CRM-M-54481-2025 (O&M) -2- 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. 6. Hon'ble the 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 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 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” 7. In view of the afore-referred judgments, perusing the report of the trial Court regarding amicable settlement between the petitioner 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 quashed. 8. Resultantly, the present petition is allowed and FIR No.146, dated 29.07.2025, registered under Sections 115(2), 126(2), 351(2), 351(3), 3(5) BNS, at Police Station Sector 31, Chandigarh, and all other consequential proceedings arising therefrom are quashed qua the petitioners on the basis of the compromise dated 20.09.2025. ( AMAN CHAUDHARY ) 27.11.2025 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable : Yes/No ASHOK KUMAR 2025.11.28 10:32 I attest to the accuracy and integrity of this document