NIRMAL RAM AND OTHERS v. STATE OF PUNJAB AND ANOTHER
CRM-M/31149/2025 · 2025-07-24
Kirti Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66630 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66630 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA
271-2
NIRMAL RAM @ NIRMAL SINGH @ LAHORA AND ORS. STATE OF PUNJAB
CORAM: HON’BLE M
Present : Mr
Mr. Luvinder Sofat, Sr. D.A.G., Punjab. Mr. Vikasdeep Singh, Advocate for respondent No.2. KIRTI SINGH
1. The present Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of DDR No.25 dated 03.04.2025, under Sections 115(2), 118(2), 191(3), 192 & 126(2) of BNS, registered at Police Station Sultanpur Lodhi, District Kapurt 2) in FIR No. 58 dated 30.03.2025, under Sections 115(2), 74, 332(c) & 351(2) of BNS registered at Police Station Sultanpur Lodhi, District Kapurthala and all other consequential proceedings arising therefrom on the basis of the compromise dated 17.05.2025 (Annexure P
2. Heard learned counsel for the parties and also gone through the case file. 3. This Court while issuing notice of motion vide order dated 02.07.2025, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M Date of decision:
NIRMAL RAM @ NIRMAL SINGH @ LAHORA AND ORS. Versus STATE OF PUNJAB AND ANOTHER
HON’BLE MS. JUSTICE KIRTI SINGH Mr. Raghav Soni, Advocate for the petitioner Mr. Luvinder Sofat, Sr. D.A.G., Punjab. Mr. Vikasdeep 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 DDR No.25 dated 03.04.2025, under Sections 115(2), 118(2), 191(3), 192 & 126(2) of BNS, registered at Police Station Sultanpur Lodhi, District Kapurt 2) in FIR No. 58 dated 30.03.2025, under Sections 115(2), 74, 332(c) & 351(2) of BNS registered at Police Station Sultanpur Lodhi, District Kapurthala and all other consequential proceedings arising therefrom on the basis of the dated 17.05.2025 (Annexure P-3). Heard learned counsel for the parties and also gone through the This Court while issuing notice of motion vide order dated 02.07.2025, directed the parties to appear before the trial Court/Illaqa trate for recording their statements with regard to the compromise. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.31149 of 2025 Date of decision: 24.07.2025 NIRMAL RAM @ NIRMAL SINGH @ LAHORA AND ORS. …. Petitioners
…. Respondents KIRTI SINGH
, Advocate for the petitioners. Mr. Luvinder Sofat, Sr. D.A.G., Punjab. Mr. Vikasdeep Singh, Advocate for respondent No.2.
petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of DDR No.25 dated 03.04.2025, under Sections 115(2), 118(2), 191(3), 192 & 126(2) of BNS, registered at Police Station Sultanpur Lodhi, District Kapurthala (Annexure P- 2) in FIR No. 58 dated 30.03.2025, under Sections 115(2), 74, 332(c) & 351(2) of BNS registered at Police Station Sultanpur Lodhi, District Kapurthala and all other consequential proceedings arising therefrom on the basis of the
Heard learned counsel for the parties and also gone through the This Court while issuing notice of motion vide order dated 02.07.2025, directed the parties to appear before the trial Court/Illaqa trate for recording their statements with regard to the compromise. petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of DDR No.25 dated 03.04.2025, under Sections 115(2), 118(2), 191(3), 192 & 126(2) of BNS, - 2) in FIR No. 58 dated 30.03.2025, under Sections 115(2), 74, 332(c) & 351(2) of BNS registered at Police Station Sultanpur Lodhi, District Kapurthala and all other consequential proceedings arising therefrom on the basis of the Heard learned counsel for the parties and also gone through the This Court while issuing notice of motion vide order dated 02.07.2025, directed the parties to appear before the trial Court/Illaqa Jyoti 2025.07.25 16:20 I attest to the accuracy and integrity of this document
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4. Pursuant to the aforesaid order, report dated 17.07.2025 has been received from the Sub Divisional Judicial Magistrate, Sultanpur Lodhi. A perusal of the said report reveals that stat 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, withou 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 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 a
6. 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 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 H 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. but it has to be exercised in accord with the guideline engrafted in such CRM-M No.31149 of 2025 Pursuant to the aforesaid order, report dated 17.07.2025 has been received from the Sub Divisional Judicial Magistrate, Sultanpur Lodhi. 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, withou undue influence and coercion.
The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, the power under Section 482 Cr.P.C. to allow the compounding of non able 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 H 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
M No.31149 of 2025 -2- Pursuant to the aforesaid order, report dated 17.07.2025 has been received from the Sub Divisional Judicial Magistrate, Sultanpur Lodhi. A ements 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 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- able 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 The Hon'ble Supreme Court of India 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 used by this Court to quash criminal proceedings in which a compromise has been effected. The 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. ide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such Pursuant to the aforesaid order, report dated 17.07.2025 has been received from the Sub Divisional Judicial Magistrate, Sultanpur Lodhi. A ements 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 t any Kulwinder Singh and others vs. held that the High Court has - able 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 Gian Singh vs. , had observed that in order to secure the ends of justice or to prevent the abuse of process of used by this Court to quash criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of
57. The position that emerges from the above discussion can be igh 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 ide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such Jyoti 2025.07.25 16:20 I attest to the accuracy and integrity of this document
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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 afo 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 i 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. Resultantly, the present petition is allowed and 03.04.2025, under Sections 115(2), 118(2), 191(3), 192 & 126(2) of BNS, registered at Police Station Sultanpur Lodhi, District Kapurthala (Annexure P 2) in FIR No. 58 dated 30.03.2025, of BNS registered at Police Station Sultanpur Lodhi, District Kapurthala all other consequential proceedings are quashed qua the petitioners on the basis of the compromise dated 17.05.2025 (Annexure P Rs. 20,000/- to be deposited by the petitioners in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month. 9. Pending miscellaneous application(s), if any, also stands disposed of. 24.07.2025 Jyoti-IV
CRM-M No.31149 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 i 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 03.04.2025, under Sections 115(2), 118(2), 191(3), 192 & 126(2) of BNS, registered at Police Station Sultanpur Lodhi, District Kapurthala (Annexure P 2) in FIR No. 58 dated 30.03.2025, under Sections 115(2), 74, 332(c) & 351(2) of BNS registered at Police Station Sultanpur Lodhi, District Kapurthala all other consequential proceedings are quashed qua the petitioners on the basis of the compromise dated 17.05.2025 (Annexure P 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.31149 of 2025 -3- power viz; (i) to secure the ends of justice or (ii) to prevent abuse of 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 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 DDR No.25 dated 03.04.2025, under Sections 115(2), 118(2), 191(3), 192 & 126(2) of BNS, registered at Police Station Sultanpur Lodhi, District Kapurthala (Annexure P- under Sections 115(2), 74, 332(c) & 351(2) of BNS registered at Police Station Sultanpur Lodhi, District Kapurthala and all other consequential proceedings are quashed qua the petitioners on the basis of the compromise dated 17.05.2025 (Annexure P-3), subject to payment of 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 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 n 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, DDR No.25 dated 03.04.2025, under Sections 115(2), 118(2), 191(3), 192 & 126(2) of BNS, - under Sections 115(2), 74, 332(c) & 351(2) and all other consequential proceedings are quashed qua the petitioners on the basis ect to payment of to be deposited by the petitioners in the Poor Patient Welfare
Jyoti 2025.07.25 16:20 I attest to the accuracy and integrity of this document