IN THE HIGH COURT OF PUNJAB AND HARYANA 266 NARENDER STATE OF HARYAN CORAM: HON’BLE M Present : Mr Mr.Neeraj Sheoran, Sr. D.A.G., Haryana. Mr.Parminder Singh, Advocate for respondent No.2. KIRTI SINGH 1. The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 59 dated 03.03.2020, under Sections 323, 406, 498 Police Station NIT Faridabad, District Faridabad and all other consequential proceedings arising therefr dated 23.04.2024 (Annexure P of Hindu Marriage Act before the Family Court, Faridabad. 2. Heard learned counsel for the parties and also gone through the case file. 3. This Court while issuing notice of motion vide order dated 06.03.2025, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. 4. Pursuant to the aforesaid order, IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: NARENDER Versus STATE OF HARYANA AND ANOTHER HON’BLE MS. JUSTICE KIRTI SINGH Mr. Ramesh Tomar, Advocate for the petitioner. Mr.Neeraj Sheoran, Sr. D.A.G., Haryana. Mr.Parminder Singh, Advocate for respondent No.2. **** KIRTI SINGH, J. (oral) The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 59 dated 03.03.2020, under Sections 323, 406, 498-A and 506 of IPC, registered at Police Station NIT Faridabad, District Faridabad and all other consequential proceedings arising therefrom on the basis of the first motion join statement dated 23.04.2024 (Annexure P-2) made in a petition filed under Section 13 of Hindu Marriage Act before the Family Court, Faridabad. Heard learned counsel for the parties and also gone through the This Court while issuing notice of motion vide order dated 06.03.2025, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. Pursuant to the aforesaid order, report dated 19.03.2025 has been IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.12463 of 2025 Date of decision: 24.07.2025 …. Petitioner A AND ANOTHER …. Respondents KIRTI SINGH , Advocate for the petitioner. Mr.Neeraj Sheoran, Sr. D.A.G., Haryana. Mr.Parminder Singh, Advocate for respondent No.2. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 59 dated A and 506 of IPC, registered at Police Station NIT Faridabad, District Faridabad and all other consequential om on the basis of the first motion join statement 2) made in a petition filed under Section 13-B of Hindu Marriage Act before the Family Court, Faridabad. Heard learned counsel for the parties and also gone through the This Court while issuing notice of motion vide order dated 06.03.2025, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. report dated 19.03.2025 has been the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 59 dated A and 506 of IPC, registered at Police Station NIT Faridabad, District Faridabad and all other consequential om on the basis of the first motion join statement B Heard learned counsel for the parties and also gone through the This Court while issuing notice of motion vide order dated 06.03.2025, directed the parties to appear before the trial Court/Illaqa report dated 19.03.2025 has been Jyoti 2025.07.25 16:20 I attest to the accuracy and integrity of this document CRM received from the Judicial Magistrate 1st Class, Faridabad. 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 set 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. The Full Bench of this Court in State of Punjab, 2007 (3) RCR (Criminal) 1052, 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 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. The Hon'ble Supreme Court of India in the case of State of Punjab and another, 2012(4) RCR (Criminal) 543 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 “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 give compounding the offences under Section 320 of the Code. but it has to be exercised in accord with the guideline engrafted in such CRM-M No.12463 of 2025 the Judicial Magistrate 1st Class, Faridabad. 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 set 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 vs. jab, 2007 (3) RCR (Criminal) 1052, 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 the abuse of the process of 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 State of Punjab and another, 2012(4) RCR (Criminal) 543 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 give 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 M No.12463 of 2025 -2- the Judicial Magistrate 1st Class, Faridabad. 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 Kulwinder Singh and others vs. 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 non- 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 otherwise to secure the ends of justice. This power of quashing is not 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 proceedings in which a compromise has been effected. The relevant portion of para 57 of 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 the Judicial Magistrate 1st Class, Faridabad. A perusal of the said report reveals that statements of the concerned persons have been recorded in tled 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 vs. held that the High Court has - 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 otherwise to secure the ends of justice. This power of quashing is not Gian Singh vs. , 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 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 n to a criminal court for Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such Jyoti 2025.07.25 16:20 I attest to the accuracy and integrity of this document CRM power viz; (i) to secure the ends the process of any Court. xxx xxx xxx. xxx xxx xxx. ” 7. In view of the afore report of the trial Court regarding amicable settlement between the petitioner(s) and the complainant, th 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 i the criminal proceedings in the present case deserve to be quashed. 8. Resultantly, the present petition is allowed and 03.03.2020, under Sections 323, 406, 498 consequential proceedings are quashed qua the petitioner(s) on the basis of the first motion join statement dated 23.04.2024 (Annexure P filed under Section 13 20,000/- to be deposited by the PGIMER, Chandigarh within a period of one month. 9. Pending miscellaneous application(s), if any, also stands disposed of. 24.07.2025 Jyoti-IV CRM-M No.12463 of 2025 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. 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. Resultantly, the present petition is allowed and 03.03.2020, under Sections 323, 406, 498-A and 506 of IPC ntial proceedings are quashed qua the petitioner(s) on the basis of the first motion join statement dated 23.04.2024 (Annexure P filed under Section 13-B of Hindu Marriage Act 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 disposed of. (KIRTI SINGH Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.12463 of 2025 -3- of justice or (ii) to prevent abuse of referred judgments and after perusing the report of the trial Court regarding amicable settlement between the petitioner(s) is 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 n 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 FIR No59 dated A and 506 of IPC and all other ntial proceedings are quashed qua the petitioner(s) on the basis of the first motion join statement dated 23.04.2024 (Annexure P-2) made in a petition B of Hindu Marriage Act, subject to payment of Rs. petitioner(s) in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month. Pending miscellaneous application(s), if any, also stands disposed of. KIRTI SINGH ) JUDGE Yes/No. Yes/No of justice or (ii) to prevent abuse of referred judgments and after perusing the report of the trial Court regarding amicable settlement between the petitioner(s) is 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 n order to secure the ends of justice, FIR No59 dated and all other ntial proceedings are quashed qua the petitioner(s) on the basis of the 2) made in a petition , subject to payment of Rs. petitioner(s) in the Poor Patient Welfare Fund, Jyoti 2025.07.25 16:20 I attest to the accuracy and integrity of this document