CRM- IN THE HIGH COURT OF PUNJAB AND HARYANA 247 Nitin Dutt State of Punjab and CORAM: Present:-. KIRTI SINGH, J 1. Suraksha Sanhita, 2023 09.03.2024 Station Women Police Station, District SAS Nagar consequential proceedings arising thereform, on the basis dated 30.04.2024 2. the case file. 3. directed to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. 4. been received from the perusal of the said report -M-23038-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of Decision: Versus Punjab and another CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Mr. Balwinder Singh Chahal, Mr. Luvinder Sofat, Sr. DAG, Punjab Mr. Veeraj Sharma, Advocate for respondent No.2. ***** KIRTI SINGH, J.(Oral) This petition under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed for quashing of FIR No. 09.03.2024 under Sections 406 and 498 Women Police Station, District SAS Nagar consequential proceedings arising thereform, on the basis 30.04.2024 (Annexure P-2) arrived at between the parties. Heard learned counsel for the parties and also gone through the case file. Vide orders dated 01.05.2025/21.05.2025 directed to 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 perusal of the said reports reveal that statements of the concerned persons - 1- IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-23038-2025 (O&M) Date of Decision: 07.07.2025 ...Petitioner(s) ...Respondents HON'BLE MS. JUSTICE KIRTI SINGH , Advocate for the petitioner(s). Mr. Luvinder Sofat, Sr. DAG, Punjab. Veeraj Sharma, Advocate for respondent No.2. Section 528 of Bhartiya Nagarik has been filed for quashing of FIR No.28 dated 406 and 498-A IPC, registered at Police Women Police Station, District SAS Nagar, along with all consequential proceedings arising thereform, on the basis of compromise ) arrived at between the parties. Heard learned counsel for the parties and also gone through 01.05.2025/21.05.2025, 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 17.06.2025 has Magistrate 1st Class, SAS Nagar. A reveal that statements of the concerned persons ) s Section 528 of Bhartiya Nagarik dated registered at Police g with all of compromise Heard learned counsel for the parties and also gone through , the parties were directed to appear before the trial Court/Illaqa Magistrate for recording has . A reveal that statements of the concerned persons KAPIL 2025.07.08 17:02 I attest to the accuracy and integrity of this document CRM- 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 th in question is quashed. The compromise effected between them is genuine, 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 is not confined to matrimonial disputes alone. 6. State of Punjab and another, 2012 (4) RCR (Criminal) 543 observed that in order to secure the ends of justice 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: 7. -M-23038-2025 (O&M) 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 th 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 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 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 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 fr 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 process of any Court. xxx xxx In view of the afore-referred judgments, perusing the report - 2- 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 justice. This power of quashing is not confined to matrimonial disputes 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 e 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 xxx. ” referred judgments, perusing the report have been recorded in the present case, who have stated that the matter e FIR in question is quashed. The compromise effected between them is 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 justice. This power of quashing Gian Singh vs. , had 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 om 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 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 referred judgments, perusing the report KAPIL 2025.07.08 17:02 I attest to the accuracy and integrity of this document CRM- of the trial Court regarding amicable settlement between the petitioners and the complainant, this Court finds that quashing the FIR will 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 quashed. 8. dated 09.03.2024 Station Women Police Station, District SAS Nagar consequential proceedings arising thereform, petitioner, arrived at between the parties deposited in Poor Patient Welfare Fun within a period of one month 9. accordingly. 07.07.2025 Kapil Whether Whether reportable -M-23038-2025 (O&M) of the trial Court regarding amicable settlement between the petitioners and the complainant, this Court finds that quashing the FIR will 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 Resultantly, the present petition is allowed and 09.03.2024 under Sections 406 and 498 Women Police Station, District SAS Nagar consequential proceedings arising thereform, on the basis of compromise dated arrived at between the parties, subject to payment of Rs. deposited in Poor Patient Welfare Fun within a period of one month. Pending application(s), if any, shall also stand(s) disposed of accordingly. .2025 Whether speaking/reasoned Whether reportable - 3- 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 criminal proceedings in the present case deserve to be Resultantly, the present petition is allowed and of FIR No.28 406 and 498-A IPC, registered at Police Women Police Station, District SAS Nagar along with all consequential proceedings arising thereform, are quashed qua the of compromise dated 30.04.2024 (Annexure P-2) subject to payment of Rs.20,000/- to be deposited in Poor Patient Welfare Fund, PGIMER, Chandigarh Pending application(s), if any, shall also stand(s) disposed of (KIRTI SINGH) JUDGE Yes/No Yes/No of the trial Court regarding amicable settlement between the petitioners ccord 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 criminal proceedings in the present case deserve to be 28 registered at Police g with all are quashed qua the ) to be d, PGIMER, Chandigarh Pending application(s), if any, shall also stand(s) disposed of KAPIL 2025.07.08 17:02 I attest to the accuracy and integrity of this document