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High Court of Punjab and Haryana · body

2025 DAILYLAW 62028 (PNJ)

PRITPAL SINGH & OTHERS v. STATE OF HARYANA AND ANOTHER

CRM-M/29428/2025 · 2025-07-28

Kirti Singh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF PUNJAB AND HARYANA 272 PRITPAL SINGH AND OTHERS STATE OF HARYANA CORAM: HON’BLE M Present : Mr Mr. G.S. Sandhu, Advocate for Mr. Mr. Harmanjeet Singh, Advocate for respondent No.2. KIRTI SINGH 1. The present Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 331 dated 11.05.2022, under Sections 323, 354 511 of IPC (Sections 354 on) registered at Police Station Sector 32 consequential proceedings arising therefrom on the basis of the compromise/Affidavit dated 15.05.2025 (Annexure P 2. Heard learned counsel for the partie case file. 3. This Court while issuing notice of motion vide order dated 27.05.2025, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. 4. Pu IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: PRITPAL SINGH AND OTHERS Versus STATE OF HARYANA AND ANOTHER HON’BLE MS. JUSTICE KIRTI Mr. Harnek Singh, Advocate for Mr. G.S. Sandhu, Advocate for the Mr. Neeraj Sheoran, Sr. D.A.G., Haryana. Mr. Harmanjeet Singh, Advocate for respondent No.2. **** KIRTI SINGH, J. (oral) The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 331 dated 11.05.2022, under Sections 323, 354-A, 376, 377, 406, 498 511 of IPC (Sections 354-A, 376, 377, 509 and 511 of IPC on) registered at Police Station Sector 32-33, District Karnal and all other consequential proceedings arising therefrom on the basis of the compromise/Affidavit dated 15.05.2025 (Annexure P Heard learned counsel for the partie This Court while issuing notice of motion vide order dated 27.05.2025, 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 23.07.2025 has been IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.29428 of 2025 Date of decision: 28.07.2025 …. Petitioners …. Respondents KIRTI SINGH the petitioners. Neeraj Sheoran, Sr. D.A.G., Haryana. Mr. Harmanjeet Singh, Advocate for respondent No.2. petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 331 dated A, 376, 377, 406, 498-A, 506, 509 and A, 376, 377, 509 and 511 of IPC were deleted later 33, District Karnal and all other consequential proceedings arising therefrom on the basis of the compromise/Affidavit dated 15.05.2025 (Annexure P-2). Heard learned counsel for the parties and also gone through the This Court while issuing notice of motion vide order dated 27.05.2025, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. rsuant to the aforesaid order, report dated 23.07.2025 has been petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 331 dated A, 506, 509 and were deleted later 33, District Karnal and all other consequential proceedings arising therefrom on the basis of the s and also gone through the This Court while issuing notice of motion vide order dated 27.05.2025, directed the parties to appear before the trial Court/Illaqa rsuant to the aforesaid order, report dated 23.07.2025 has been Jyoti 2025.07.29 09:50 I attest to the accuracy and integrity of this document CRM received from the Chief Judicial Magistrate, Karnal. A perusal of the said report reveals that statements of the concerned persons have been recorded in the present case, who have stated that 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. 5. The Full Bench of this Court in State of Punjab, 2007 (3) RCR (Criminal) 1052, the power under Section 482 Cr.P.C. to allow the compounding of non compoundable offence(s) and quash the proceedings where the High Court is of the view that the same w law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone. 6. The Hon'ble Supreme Court of India in the case of State of Punjab a 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. Th 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 j is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. but it has to be exercised in accord with the guid CRM-M No.29428 of 2025 received from the Chief Judicial Magistrate, Karnal. A perusal of the said report reveals 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 The Full Bench of this Court in Kulwinder Singh and State of Punjab, 2007 (3) RCR (Criminal) 1052, the power under Section 482 Cr.P.C. to allow the compounding of non compoundable offence(s) and quash the proceedings 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. The Hon'ble Supreme Court of India in the case of State of Punjab and another, 2012(4) RCR (Criminal) 543 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 j 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 guid M No.29428 of 2025 -2- received from the Chief Judicial Magistrate, Karnal. A perusal of the said report reveals that statements of the concerned persons have been recorded in 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 Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, held that the High Court has the power under Section 482 Cr.P.C. to allow the compounding of non- compoundable offence(s) and quash the proceedings where the High Court is as required to prevent the abuse of the process of law or otherwise to secure the ends of justice. This power of quashing is not The Hon'ble Supreme Court of India in the case of Gian Singh vs. nd 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 e relevant portion of para 57 of 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. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such received from the Chief Judicial Magistrate, Karnal. A perusal of the said report reveals that statements of the concerned persons have been recorded in 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 others vs. held that the High Court has - compoundable offence(s) and quash the proceedings where the High Court is as required to prevent the abuse of the process of law or otherwise to secure the ends of justice. This power of quashing is not Gian Singh vs. , 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 e relevant portion of para 57 of 57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal urisdiction is distinct and different from the power given to a criminal court for Inherent power is of wide plenitude with no statutory limitation eline engrafted in such Jyoti 2025.07.29 09:50 I attest to the accuracy and integrity of this document CRM power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. xxx xxx xxx. ” 7. In view of the afore report of the trial Court regarding amicable set 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 pu 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 the present No. 331 dated 11.05.20 506, 509 and 511 of IPC (Sections 354 deleted later on) registered at Police Station Sector 32 all other consequential proceedings are quashed basis of the compromise/Affidavit dated 15.05.2025 (Annexure P payment of Rs. 20,000/ Welfare Fund, PGIMER, Chandigarh within a period of one month. 9. Pending miscellaneous application(s), if any, also stands disposed of. 28.07.2025 Jyoti-IV CRM-M No.29428 of 2025 power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. xxx xxx xxx. ” In view of the afore-referred judgments and after perusing the report of the trial Court regarding amicable settlement between the petitioner(s) 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 pu 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. Resultantly, the present petition is allowed and the present No. 331 dated 11.05.2022, under Sections 323, 354 506, 509 and 511 of IPC (Sections 354-A, 376, 377, 509 and 511 of IPC were deleted later on) registered at Police Station Sector 32 all other consequential proceedings are quashed compromise/Affidavit dated 15.05.2025 (Annexure P payment of Rs. 20,000/- to be deposited by the petitioners in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month. Pending miscellaneous application(s), if any, also stands disposed of. (KIRTI SINGH Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.29428 of 2025 -3- power viz; (i) to secure the ends of justice or (ii) to prevent abuse of referred judgments and after perusing the tlement between the petitioner(s) 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. Resultantly, the present petition is allowed and the present FIR 22, under Sections 323, 354-A, 376, 377, 406, 498-A, A, 376, 377, 509 and 511 of IPC were deleted later on) registered at Police Station Sector 32-33, District Karnal and all other consequential proceedings are quashed qua the petitioner(s) on the compromise/Affidavit dated 15.05.2025 (Annexure P-2), subject to to be deposited by the petitioners in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month. Pending miscellaneous application(s), if any, also stands disposed of. KIRTI SINGH ) JUDGE Yes/No. Yes/No power viz; (i) to secure the ends of justice or (ii) to prevent abuse of referred judgments and after perusing the tlement between the petitioner(s) 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 rpose would be served in continuing the proceedings and in order to secure the ends of justice, FIR A, A, 376, 377, 509 and 511 of IPC were and qua the petitioner(s) on the subject to to be deposited by the petitioners in the Poor Patient Jyoti 2025.07.29 09:50 I attest to the accuracy and integrity of this document