CRM- IN THE HIGH COURT OF PUNJAB AND HARYANA 118-A Gautam Sharma and others State of Punjab CORAM: Present:-. KIRTI SINGH, J. 1. 14.10.2022 under Sections 406 & 498 Women, thereform, on the basis arrived at between the parties HMA (Annexure P5). 2. the case file. 3. appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. 4. been received from the -M-21660-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of Decision: Gautam Sharma and others Versus Punjab and another CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Mr. Umesh Aggarwal, Advocate for the petitioner Ms. Aakanksha Gupta, AAG, Punjab Mr. Anirudh Gupta, Advocate for Mr. Prateek Sodhi, Advocate ***** KIRTI SINGH, J.(Oral) This petition has been filed for quashing of FIR No.51 dated 14.10.2022 under Sections 406 & 498-A IPC registered at Police Station Amritsar along with all consequential proceedings arising thereform, on the basis of compromise dated 10.02.2025 (Annexure P4) arrived at between the parties and the petition under Section 13 HMA (Annexure P5). Heard learned counsel for the parti the case file. Vide orders dated 28.04.2025 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 Magistrate Ist Class, - 1- IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-21660-2025 (O&M) Date of Decision: 16.05.2025 ...Petitioner(s) ...Respondents HON'BLE MS. JUSTICE KIRTI SINGH Advocate for the petitioner(s). Ms. Aakanksha Gupta, AAG, Punjab. Mr. Anirudh Gupta, Advocate for ateek Sodhi, Advocate for respondent No.2. This petition has been filed for quashing of FIR No.51 dated A IPC registered at Police Station Amritsar along with all consequential proceedings arising of compromise dated 10.02.2025 (Annexure P4) and the petition under Section 13-B of Heard learned counsel for the parties and also gone through 28.04.2025, 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 08.05.2025 has Judicial Magistrate Ist Class, Amritsar. A perusal ) s This petition has been filed for quashing of FIR No.51 dated A IPC registered at Police Station Amritsar along with all consequential proceedings arising of compromise dated 10.02.2025 (Annexure P4) B of es and also gone through , the parties were directed to appear before the trial Court/Illaqa Magistrate for recording their has . A perusal KAPIL 2025.05.16 17:45 I attest to the accuracy and integrity of this document CRM- of the said report 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 without any undue 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-21660-2025 (O&M) 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 i without any undue 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 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 - 2- 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 influence and coercion. 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 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 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 s genuine, 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 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 KAPIL 2025.05.16 17:45 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. dated 14.10.2022 under Sections 406 & 498 Station Women, thereform, dated 10.02.2025 (Annexure P4) arrived at between the parties petition under Section 13 of Rs.20,000/ PGIMER, Chandigarh 9. accordingly. 16.05.2025 Kapil Whether speaking/reasoned Whether -M-21660-2025 (O&M) 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 14.10.2022 under Sections 406 & 498 omen, Amritsar along with all consequential proceedings arising thereform, are quashed qua the petitioners, dated 10.02.2025 (Annexure P4) arrived at between the parties petition under Section 13-B of HMA (Annexure P5) ,000/- to be deposited in Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of Pending application(s), if any, shall also stand(s) disposed of accordingly. .2025 Whether speaking/reasoned Whether reportable - 3- 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.51 14.10.2022 under Sections 406 & 498-A IPC registered at Police Amritsar along with all consequential proceedings arising are quashed qua the petitioners, on the basis of compromise dated 10.02.2025 (Annexure P4) arrived at between the parties and the B of HMA (Annexure P5), subject to payment to be deposited in Poor Patient Welfare Fund, within a period of one month. Pending application(s), if any, shall also stand(s) disposed of (KIRTI SINGH) JUDGE Yes/No Yes/No 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.51 A IPC registered at Police Amritsar along with all consequential proceedings arising of compromise and the subject to payment to be deposited in Poor Patient Welfare Fund, Pending application(s), if any, shall also stand(s) disposed of KAPIL 2025.05.16 17:45 I attest to the accuracy and integrity of this document