CRM- IN THE HIGH COURT OF PUNJAB AND HARYANA 223 Vipin Kumar and others State of Haryana and CORAM: Present:-. KIRTI SINGH, J. CRM-26176 for impleading the 2. 3. Haryana, Abinav Bali No.2 and on record. 4. respondent No. Registry is directed to append it at the appropriate place. -M-26238-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of decision: 11.07.2025 Vipin Kumar and others Versus Haryana and others CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Mr. Parshant Sethi, Advocate for the petitioner Mr. Brijesh Sharma, AAG, Haryana Mr. Abhinav Bali, Advocate for respondent ***** KIRTI SINGH, J.(Oral) 26176-2025 This application under Section for impleading the victim as respondent No. Notice to the application. At the asking of the Court, accepts notice on behalf of respondent Abinav Bali, Advocate has put in appearance on behalf of respondent No.3 and files his Vakalatnama in Court today, which is taken The application is allowed and respondent No.3. The amended memo of parties is taken on record. Registry is directed to append it at the appropriate place. - 1- IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-26238-2025 (O&M) Date of decision: 11.07.2025 ...Petitioner(s) ...Respondents HON'BLE MS. JUSTICE KIRTI SINGH Advocate for the petitioner(s). Mr. Brijesh Sharma, AAG, Haryana. , Advocate for respondents No.2 and 3. This application under Section 528 of BNSS has been filed as respondent No.3. At the asking of the Court, Mr. Brijesh Sharma, AAG, accepts notice on behalf of respondent No.1-State and Mr. , Advocate has put in appearance on behalf of respondents and files his Vakalatnama in Court today, which is taken The application is allowed and victim is impleaded as . The amended memo of parties is taken on record. Registry is directed to append it at the appropriate place. ) s has been filed Mr. Brijesh Sharma, AAG, Mr. s and files his Vakalatnama in Court today, which is taken pleaded as . The amended memo of parties is taken on record. KAPIL 2025.07.11 18:00 I attest to the accuracy and integrity of this document CRM- CRM-M-26238 5. Suraksha Sanhita, 2023 01.04.2020 Police Station consequential proceedings arising thereform, on the basis dated 01.04.2025 6. the case file. 7. appear before the trial Court/Illaqa Magistrate for r statements with regard to the compromise. 8. been received from the perusal of the said report 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 genuine, without any undue influence and coercion. 9. 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 -M-26238-2025 (O&M) 26238-2025 (O&M) This petition under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed for quashing of FIR No. 01.04.2020 under Sections 509, 34, 406, 498 Police Station Women West Gurugram, District Gurugram consequential proceedings arising thereform, on the basis 01.04.2025 (Annexure P-2) arrived at between the parties. Heard learned counsel for the parties and also gone through the case file. Vide order dated 14.05.2025 appear before the trial Court/Illaqa Magistrate for r statements with regard to the compromise. Pursuant to the aforesaid order, report dated been received from the Judicial Magistrate, perusal 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 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 justice. This power of quashing - 2- Section 528 of Bhartiya Nagarik filed for quashing of FIR No.23 dated 509, 34, 406, 498-A and 506 IPC registered at Women West Gurugram, District Gurugram, 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 14.05.2025, 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 order, report dated 26.05.2025 has Judicial Magistrate, First Class, Gurugram. A 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 Section 528 of Bhartiya Nagarik dated registered at , along with all of compromise Heard learned counsel for the parties and also gone through , the parties were directed to ecording their has A 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 s 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 KAPIL 2025.07.11 18:00 I attest to the accuracy and integrity of this document CRM- is not confined to matrimonial disp 10. 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 criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of the said judgment reads thus: 11. 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 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. 12. dated 01.04.2020 -M-26238-2025 (O&M) 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 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 Hi 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 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 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 01.04.2020 under Sections 509, 34, 406, 498 - 3- 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 320 of the Code. 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 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 Resultantly, the present petition is allowed and of FIR No.23 509, 34, 406, 498-A and 506 IPC Gian Singh vs. , had observed that in order to secure the ends of justice or to prevent the abuse used 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 gh 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 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 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 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 23 and 506 IPC KAPIL 2025.07.11 18:00 I attest to the accuracy and integrity of this document CRM- registered at Police Station along with all consequential proceedings arising thereform, qua the petitioner (Annexure P Rs.20,000/ Chandigarh 13. accordingly. 11.07.2025 Kapil Whether speaking/reasoned Whether reportable -M-26238-2025 (O&M) registered at Police Station Women West Gurugram, District Gurugram along with all consequential proceedings arising thereform, qua the petitioners, on the basis of compromise dated (Annexure P-2) arrived at between the parties ,000/- to be deposited in Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month Pending application(s), if any, shall also stand(s) disposed of accordingly. .2025 Whether speaking/reasoned Whether reportable - 4- Women West Gurugram, District Gurugram along with all consequential proceedings arising thereform, are quashed of compromise dated 01.04.2025 ) arrived at between the parties, subject to payment of to be deposited in Poor Patient Welfare Fund, PGIMER, within a period of one month. Pending application(s), if any, shall also stand(s) disposed of (KIRTI SINGH) JUDGE Yes/No Yes/No Women West Gurugram, District Gurugram are quashed 01.04.2025 subject to payment of to be deposited in Poor Patient Welfare Fund, PGIMER, Pending application(s), if any, shall also stand(s) disposed of KAPIL 2025.07.11 18:00 I attest to the accuracy and integrity of this document