IN THE 281 Sandan Singh and State of Punjab and CORAM : HON'BLE Present :- Mr. for Mr. Mr. **** VINOD S. BHARDWAJ Prayer No.158 dated 17.05.2025 126(2), 125 of Arms Act, 1959 offences under Sections added later on) Sadar Kharar, SAS arising therefrom 27.10.2025 (Annexure 2. The complaint of Jasvir No.234/2, Ekta of which reads as THE HIGH COURT OF PUNJAB AT CHANDIGARH CRM-M-61393 Date of decision: and another VERSUS and others HON'BLE MR. JUSTICE VINOD Mr. Prashant Puri, Advocate, the petitioners. Mr. Rituraj Singh, DAG, Punjab. Mr. Pranshu Goyal, Advocate for respondents **** BHARDWAJ, J. (Oral) Prayer in the present petition is for 17.05.2025 registered under Sections Bharatiya Nyaya Sanhita, 2023 1959 and cross case bearing GD Sections 118(1), 126(2), 351(2), of Bharatiya Nyaya Sanhita, 2023, SAS Nagar (Mohali), along with rom, on the basis of compromise/deed (Annexure P-3). The FIR in the present case has Jasvir Singh, son of Ganesh Singh Colony Balongi, District SAS Nagar, as under:- PUNJAB & HARYANA CHANDIGARH 61393-2025 (O&M) decision: 27.01.2026 ...Petitioner(s) ...Respondent(s) VINOD S. BHARDWAJ respondents No.2 to 5. for quashing of FIR bearing Sections 115(2), 118(1), 351(2), 2023 and Sections 25, 27 of the No.3 dated 20.05.2025 for 191 (3), 190 (Section 118(2) 2023, both at Police Station with all subsequent proceedings compromise/deed of settlement dated has been registered on the Singh Rana, resident of House Nagar, Mohali, relevant part SUMIT SINGH GUSAIN 2026.02.09 20:29 I attest to the accuracy and integrity of this document 281 CRM-M-61393-2025 (O&M) -2- “Stated that I am resident of above said address and working as Store Manager at Dominos, New Sunny Enclave, Sector 125 Kharar. On 16.05.2025 I was on my duty then it might be time about 10.30/10.45 PM that one hair-cut young man, who claimed himself to be the Manager of Gopal Sweets, New Sunny Enclave, Sector 125 Kharar, had come to us for fetching pizza and after taking the pizza our junior started arguing with the Manager and then he went outside taking away pizza. When after some time I came outside after completing my duty then a girl Sumanpreet worker of our store was also with me then the above said youngman started arguing with me. At that time, a worker of Gopal Sweets was also with him. On hearing our arguments noise, whole staff of my store came outside, but I sent them back inside the store. After arguing with me for some time, the above said young man went away on his car make Swift. After crossing 4-5 shops, he stopped his car and came outside and made telephonic call to someone then I kept standing there for about 5/7 minutes and after that when I was about to go on my motor cycle bearing no.PB65BD-1960 make bullet alongwith the girl Sumanpreet then the above said youngman stopped us, in the meantime one another young man came and then both the young man started beating me then I saved myself and started scuffling with them and I dragged a hair-cut boy in front of the CCTV camera installed in the adjoining shop so that his photo can be captured in the camera. Then after getting himself released from me the above said young man brought a wooden stick. During this, due to the beatings given to me by these both young men, injuries were inflicted in my head on left side a little above and on left ear and in the neck, due to that my head started bleeding. When I was dragging a hair-cut youngman towards the CCTV camera installed in the nearby shop then the other youngman who is manager at Gopal Sweets, took out a pistol from his car make Swift color white and shot a bullet in the air. Then started SUMIT SINGH GUSAIN 2026.02.09 20:29 I attest to the accuracy and integrity of this document 281 CRM-M-61393-2025 (O&M) -3- threatening me that I will kill you but I did not release that boy and released him only after dragging him in front of the camera. In the meantime, the police party came on the spot, who on seeing injuries inflicted in my head, took me to the Civil Hospital, Phase-6 Mohali for treatment. There the doctor did CT scan of my head and referred me to Civil Hospital Kharar for further treatment, there I am undergoing treatment. Today I got recorded my above said statement before you at Civil Hospital, Kharar.” 3. A cross case bearing G.D. No.003 dated 20.05.2025 to the abovesaid FIR was registered on the complaint of Sandan Singh, son of Mahavir Singh, Village Sotal Baba, District Rupnagar, relevant part of which reads as under:- ”On 15.05.2025, at about 10.00 PM, I had gone to Dominos Showroom No.5354/C New Sunny Enclave Sector 125 Kharar to buy pizza and I had make payment of Rs.360/- in cash and I was asked to take away pizza later on. When after some time, I went to take pizza then the boy sitting on cash counter told that at this time, there is electricity problem in this showroom, so you wait for some time or you can take away your pizza tomorrow, then I came back telling him about taking away pizza next day. Then on 16.05.2025 at about 10.00 PM, I went to take my pizza then the boy from previous day was present on the counter then I told him that pack my yesterday's order, who told me to wait for 10-15 minutes then I told him that I will come back after closing my shop then you keep ready my order. Then after about 35-40 minutes, I went on my vehicle no.PB65B1712 make Swift alongwith my junior and parked the vehicle in the parking of Dominos and 1 sent my junior Ravi inside to take pizza then they took 5-7 minutes to give pizza then I got down from my vehicle and went inside then a boy namely Kamal cashier was standing at cash counter inside dominos then I told SUMIT SINGH GUSAIN 2026.02.09 20:29 I attest to the accuracy and integrity of this document 281 CRM-M-61393-2025 (O&M) -4- them that I have ordered pizza since yesterday, you did not give pizza yesterday also and today also you are giving pizza too late. I told being a customer that now your service is very slow, then they gave me pizza after 2-4 minutes. When we were coming outside after taking pizza then a boy namely Jasvir alongwith a girl Sumanpreet Kaur was standing outside the main gate of dominos in the stairs. Both are workers of dominos. They stopped both of us in the stairs and started telling both of us in very misbehaving manner that what you were telling to Komal inside, now you speak again. We will break your face. If you do not like our service then do not place your order with us, which is too inappropriate thing to say to a customer and told that if you do not want to eat pizza then return it, thereupon we returned pizza to him and Jasvir Singh threw the pizza on one side and told me while abusing that you do not overreact too much, I can get you kidnapped while standing here. The whole police is in our pocket and I am local resident of Balongi. In this way, he and his accomplice Sumanpreet Kaur started speaking loudly. After that on hearing the noises, the whole staff of dominos came outside at once. From the staff, Kamal and two unknown boys and Jasbir Singh at once started beating me and tried to snatch the bag put on my one side and one unknown boy brought the wooden stick and hit me with it then I put my right hand forward in my defence, which hit me in my hand, then he made another attack of stick on me, which hit me on my forehead in the head, due to that 1 started feeling giddy and then Jasvir Singh punched me on my face, due to that blood started oozing out of my mouth. In the meantime, the boy namely Kamal, took stick from another boy and hit on my left ear, due to that I felt much pain in my ear then I made noises of killing then Jasvir Singh and boy namely Kamal alongwith him and two unknown boys started giving threatening me to kill then I rescued myself from them and ran towards my car. I took my car and stopped car in the staff SUMIT SINGH GUSAIN 2026.02.09 20:29 I attest to the accuracy and integrity of this document 281 CRM-M-61393-2025 (O&M) -5- parking of Gopal Sweets and told the whole incident to my one friend Rahul Rana on telephone and told him to come to me because I was feeling giddy due to inflicted with injuries in my head and on the ear and I was not in condition to drive the car. I was standing near my vehicle then in the meantime, Jasvir Singh and Sumanpreet Kaur came on their bullet motor cycle and on seeing me standing alone, he stopped his motor cycle and then started abusing me and after coming, started scuffling with me then in the meantime, my friend Rahul came then Jasvir Singh called Sumanpreet Kaur and told that call our boys, today we will finish them and then Jasvir Singh gave a fierce punch blow on the nose of my friend Rahul, due to that blood started oozing out of his nose. In the meantime, Kamal also came on the spot. As soon as he came, he picked up a stick from nearby and hit it into the head of Rahul. Then Jasvir Singh kicked hardly into xxxx of Rahul and Kamal started hitting him on his legs with the stick holding in his hand, due to that blood started oozing out from his right leg and below the knee. Then I tried hard to get Rahul released from Jasvir Singh and Kamal, but Jasvir Singh and Kamal caught hold Rahul and tried to take him on a side in the dark and on other side Sumanpreet Kaur brought 3-4 other unknown boys and was coming towards dominos on the site, who had deadly weapons with them and Sumanpreet Kaur was telling loudly that Jasvir Singh, keep him bolding, we have arrived, today we will not let them go home and will make them vanish. Due to that I was very much frightened and scared on hearing the lalkara/challenges raised by Sumanpreet Kaur and out of fear and on seeing danger to my and my friend's lives, took out my licensed pistol from my vehicle in my defence and in order to save my and my friend's lives from Jasvir Singh and his accomplices and in order to rescue my friend Rahul from them and in order to save the life of Rahul, shot a fire in the air in defence, due to that Jasvir Singh and his accomplices released Rahul and ran away from SUMIT SINGH GUSAIN 2026.02.09 20:29 I attest to the accuracy and integrity of this document 281 CRM-M-61393-2025 (O&M) -6- the spot while threatening us then I made call on police helpline 112 for taking police assistance then I kept on making call for sometime, but the phone call could not be connected then I and Rahul came to Civil Hospital Kharar for the treatment, when we reached at main gate of Hospital then the above said Jasvir Singh came alongwith his other unknown accomplices and started threatening us by surrounding us and started telling his accompanied boys loudly that caught hold them then in fear we drove away our vehicle and went away without taking treatment. Fearing from them, we parked our vehicle in a colony on Landran Road and stood hiding because Jasvir Singh was threatening us. On next day from that day on 17.05.2025, in the day time we came to Civil Hospital Kharar for treatment, there the doctor on seeing our serious condition, admitted us, where we are under treatment.” 4. However, with the intervention of the respectables, the parties have decided to compromise the matter. Hence, the present petition. 5. The parties were thus directed to appear before the learned trial Court/Illaqa Magistrate vide order dated 03.11.2025 of this Court, to get their statements recorded regarding the compromise arrived at between the parties and a report in this regard was called for. 6. Pursuant to the said order, a report has been received from the Judicial Magistrate First Class, Kharar, vide Memo No.28A dated 09.01.2026. The relevant extract of the report is reproduced as under: - ”5. By considering the statements of complainant Jasbir Singh along with Kulbir Rana, Kamaljeet Singh @ Kamal and Sumanpreet Kaur (herein complainant in FIR No.158/2025 and accused in GD No.3/2025) recorded on 08.12.2025, 23.12.2025 and 03.01.2026 AND Sandan Singh and Rahul Rana (herein accused in FIR No.158/2025 and complainant in GD No.3/2025) as well as IO/ASI Davinder Singh, No.477/SAS SUMIT SINGH GUSAIN 2026.02.09 20:29 I attest to the accuracy and integrity of this document 281 CRM-M-61393-2025 (O&M) -7- Nagar, the requisite report is as under:- i. There are 2 accused namely Sandan Singh and Rahul Rana in the FIR No.158/2025, whereas, there are 4 accused namely Jasbir Singh, Kulbir Rana, Kamaljeet Singh @ Kamal and Sumanpreet Kaur in the GD No.3/2025. ii. There is one complainant namely Jasbir Singh and three victim/aggrieved persons namely Kulbir Rana, Kamaljeet Singh @Kamal and Sumanpreet Kaur in the FIR No.158/2025, whereas, there is one complainant namely Sandan Singh and one victim/aggrieved in the GD No.3/2025. iii. The accused are neither an absconder/proclaimed person nor any such proceedings have been initiated or pending against them. iv. Since the complainant Jasbir Singh along with Kulbir Rana, Kamaljeet Singh @ Kamal and Sumanpreet Kaur repeatedly altered their version/statement, the genuineness of the compromise cannot be commented upon nor it can be said to have been voluntarily effected. v. The present case is at the stage of investigation.” 7. A perusal of the aforesaid report reflects an inconsistent stance adopted by the complainant party. Initially, despite having recorded a joint statement in support of the compromise on 08.12.2025, the complainant and other aggrieved persons moved an application on 23.12.2025 seeking withdrawal of consent, alleging post-compromise threats by the accused and declaring the compromise dated 27.11.2025 to be cancelled, while seeking continuation of the criminal proceedings. However, shortly thereafter, on 03.01.2026, the very same persons again approached the Court and recorded SUMIT SINGH GUSAIN 2026.02.09 20:29 I attest to the accuracy and integrity of this document 281 CRM-M-61393-2025 (O&M) -8- a fresh joint statement, stating that with the intervention of respectable relatives, all disputes had been amicably resolved and the compromise dated 27.10.2025 stood reaffirmed. The record thus demonstrates an oscillating position of the parties with respect to the compromise. 8. Learned counsel appearing on behalf of respondent No. 2 submits that the earlier change in stance was the result of a misunderstanding, which has since been fully resolved. He reiterates the settlement arrived at between the parties and expressly conveys his no objection to the quashing of the FIR and all other consequential proceedings arising therefrom. 9. In view of the statement made by learned counsel for the complainant, learned State counsel submits that the State has no serious objection to the amicable resolution of the dispute and to the consequential relief sought therefrom. 10. The broad principles for exercising the powers under Section 482 were summarized by the Hon'ble Supreme Court in the matter of 'Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others versus State of Gujarat and another” (2017) 9 SCC 641'. The relevant paragraphs are extracted as under: ”16.1. Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and preserves powers which inhere in the High Court. 16.2. The invocation of the jurisdiction of the High Court to SUMIT SINGH GUSAIN 2026.02.09 20:29 I attest to the accuracy and integrity of this document 281 CRM-M-61393-2025 (O&M) -9- quash a first information report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-compoundable. 16.3. In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power. 16.4. While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised (i) to secure the ends of justice, or (ii) to prevent an abuse of the process of any court. 16.5. The decision as to whether a complaint or first information report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated. 16.6. In the exercise of the power under Section 482 and while SUMIT SINGH GUSAIN 2026.02.09 20:29 I attest to the accuracy and integrity of this document 281 CRM-M-61393-2025 (O&M) -10- dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences. 16.7. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned. 16.8. Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute. 16.9. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause SUMIT SINGH GUSAIN 2026.02.09 20:29 I attest to the accuracy and integrity of this document 281 CRM-M-61393-2025 (O&M) -11- oppression and prejudice; and 16.10. There is yet an exception to the principle set out in propositions 16.8. and 16.9. above. Economic offences involving the financial and economic well-being of the State have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance.” 11. The following relevant factors emerge from perusal of the case as well as the subsequent developments supplementing a case for invocation of the powers under Section 528 BNSS:- a. The dispute between the petitioners and the respondents had its genesis in a trivial and spontaneous incident and was a result of a sudden flare-up of tempers over a minor issue, rather than any premeditated or malicious intent. b. The petitioners are young adults aged about 31 and 34 years, while respondent Nos. 2 to 5 are aged 31, 29, 30 and 28 years, respectively. Continuation of criminal proceedings would adversely affect their future prospects, professional growth, and their ability to discharge social and familial responsibilities. c. The petitioners and the respondent–complainant belong to the same village and the dispute is essentially personal and private SUMIT SINGH GUSAIN 2026.02.09 20:29 I attest to the accuracy and integrity of this document 281 CRM-M-61393-2025 (O&M) -12- in nature. An amicable settlement between the parties would promote peace, harmony and cordial relations within the community and prevent further escalation of animosity. d. Prolonged pendency of criminal proceedings would subject the parties to avoidable mental stress, social stigma and financial burden, which would be wholly disproportionate to the nature of the incident. e. The settlement between the parties would promote restorative justice, which is increasingly recognised as a valuable facet of criminal jurisprudence, particularly in disputes of a private character. f. The offence alleged does not fall within the category of heinous or grave offences, nor can it be said to have any serious impact on society at large. It is neither an offence that shocks the collective conscience of society nor one that shocks the conscience of the Court. g. In view of the compromise arrived at between the parties, the possibility of conviction is remote and the continuation of the criminal proceedings would serve no fruitful purpose, but would instead result in unnecessary harassment to the parties and wastage of valuable judicial time. 12. In view of the report of the Judicial Magistrate 1st Class, Kharar and the principles laid down by the Apex Court in 'Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others versus State of Gujarat and another” (2017) 9 SCC 641', the instant petition is allowed. FIR SUMIT SINGH GUSAIN 2026.02.09 20:29 I attest to the accuracy and integrity of this document 281 CRM-M-61393-2025 (O&M) -13- bearing No.158 dated 17.05.2025 registered under Sections 115(2), 118(1), 351(2), 126(2), 125 of Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 of the Arms Act, 1959 and cross case bearing GD No.3 dated 20.05.2025 for offences under Sections 118(1), 126(2), 351(2), 191 (3), 190 (Section 118(2) added later on) of Bharatiya Nyaya Sanhita, 2023, both at Police Station Sadar Kharar, SAS Nagar (Mohali), along with all subsequent proceedings arising therefrom are hereby quashed in view of the compromise/deed of settlement dated 27.10.2025 (Annexure P-3). However, in view of the inconsistent stance adopted by the parties with regard to the compromise, the acceptance thereof shall be subject to deposit of costs of Rs.5,000/- each to be deposited by the petitioners as well as respondents No.2 to 5 with the Nishkam Sewa High Court Lawyers Society; A/C-43373609961; SBI, HC Branch, Chandigarh within a period of two months of the receipt of a certified copy of this order. 13. Petition is allowed in above terms. 27.01.2026 (VINOD S. BHARDWAJ) Sumit Gusain JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUMIT SINGH GUSAIN 2026.02.09 20:29 I attest to the accuracy and integrity of this document