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2025 DAILYLAW 3953 (PNJ)

MALKEET SINGH v. STATE OF PUNJAB & ANR

CRM-M/15941/2026 · 2026-05-05

Aman Chaudhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1. Criminal Procedure for quashing of FIR No.3, dated 04.01.2025, registered under and Sections 25 and 27 District Amritsar Rural, Amritsar and therefrom on the basis of the compromise. 2. 24.03.2026, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. 3. been received from the the said report reveals that statements of the concerned persons have been This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.3, dated 04.01.2025, registered under Sections 125, 351(2) BNS (Sections 336 and 506 IPC) and Sections 25 and 27 of the Arms Act, at Police Station Gharinda, District Amritsar Rural, Amritsar and all subsequent proceedings arising therefrom on the basis of the compromise. This Court while issuing notice , 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 been received from the Chief Judicial Magistrate, Amritsar the said report reveals that statements of the concerned persons have been This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.3, dated 04.01.2025, Sections 125, 351(2) BNS (Sections 336 and 506 IPC) the Arms Act, at Police Station Gharinda, all subsequent proceedings arising This Court while issuing notice of motion vide order dated , 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 21.04.2026 has Chief Judicial Magistrate, Amritsar. A perusal of the said report reveals that statements of the concerned persons have been PARVEEN KUMAR 2026.05.05 17:33 I attest to the accuracy and integrity of this order/judgment. CRM-M-15941-2026 -2- 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 and coercion. It is stated in the report that there is only 1 accused, who has neither been declared proclaimed offender nor is involved in any other case. 4. Heard learned counsel for the parties and also gone through the case file. 5. 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 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. PARVEEN KUMAR 2026.05.05 17:33 I attest to the accuracy and integrity of this order/judgment. CRM-M-15941-2026 -3- 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.3, dated 04.01.2025, registered under Sections 125, 351(2) BNS (Sections 336 and 506 IPC) and Sections 25 and 27 of the Arms Act, at Police Station Gharinda, District Amritsar Rural, Amritsar and all other consequential proceedings arising therefrom are quashed qua the petitioner on the basis of the compromise. PARVEEN KUMAR 2026.05.05 17:33 I attest to the accuracy and integrity of this order/judgment.