IN THE HIGH COURT OF PUNJAB AND HARYANA 284 AMANDEEP STATE OF PUNJAB AND ANOTHER CORAM: HON’BLE M Present : Mr Mr. Luvinder Sofat, Sr. D.A.G., Punjab. Mr. Amit Sharma, Advocate for respondent No.2. KIRTI SINGH 1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 227 dated 11.11.2022, under Sections 406, 498 Sadar Kharar, District S.A.S. Nagar and all other consequential proceedings arising therefrom on the bas statement (Annexure P Marriage Act before the Additional District Judge, Chandigarh. 2. Heard learned counsel for the parties and also gone through t case file. 3. This Court while issuing notice of motion vide order dated 11.07.2025, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. 4. Pursuant to the aforesaid o received from the Judicial Magistrate 1st Class, Kharar. A perusal of the said IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: AMANDEEP Versus STATE OF PUNJAB AND ANOTHER HON’BLE MS. JUSTICE KIRTI SINGH Mr. Parveen Chauhan, Advocate for the Mr. Luvinder Sofat, Sr. D.A.G., Punjab. Mr. Amit Sharma, 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. 227 dated 11.11.2022, under Sections 406, 498-A of IPC, registered at Police Station Sadar Kharar, District S.A.S. Nagar and all other consequential proceedings arising therefrom on the basis of the counseling report/ statement (Annexure P-2) made in a petition filed under Section 13 Marriage Act before the Additional District Judge, Chandigarh. Heard learned counsel for the parties and also gone through t This Court while issuing notice of motion vide order dated 11.07.2025, 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 21.07.2025 has been received from the Judicial Magistrate 1st Class, Kharar. A perusal of the said IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.31908 of 2025 Date of decision: 28.07.2025 …. Petitioner Versus STATE OF PUNJAB AND ANOTHER …. Respondents KIRTI SINGH , Advocate for the petitioner. Mr. Luvinder Sofat, Sr. D.A.G., Punjab. Mr. Amit Sharma, Advocate for respondent No.2. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 227 dated A of IPC, registered at Police Station Sadar Kharar, District S.A.S. Nagar and all other consequential proceedings counseling report/ first motion joint 2) made in a petition filed under Section 13-B of Hindu Marriage Act before the Additional District Judge, Chandigarh. Heard learned counsel for the parties and also gone through the This Court while issuing notice of motion vide order dated 11.07.2025, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. rder, report dated 21.07.2025 has been received from the Judicial Magistrate 1st Class, Kharar. A perusal of the said The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 227 dated A of IPC, registered at Police Station Sadar Kharar, District S.A.S. Nagar and all other consequential proceedings t B of Hindu he This Court while issuing notice of motion vide order dated 11.07.2025, directed the parties to appear before the trial Court/Illaqa rder, report dated 21.07.2025 has been received from the Judicial Magistrate 1st Class, Kharar. A perusal of the said Jyoti 2025.07.29 09:50 I attest to the accuracy and integrity of this document CRM report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been s 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 was required to preven 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 and another, 2012(4) R 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 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 distin compounding the offences under Section 320 of the Code. but it has to be exercised in accord with the guideline engrafted in su power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. CRM-M No.31908 of 2025 report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been s 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 others vs. unjab, 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 preven 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 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. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in su power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. M No.31908 of 2025 -2- 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 Kulwinder Singh and others vs. unjab, 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 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. CR (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 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 ct 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 report reveals that statements of the concerned persons have been recorded in ettled 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. held that the High Court has - compoundable offence(s) and quash the proceedings where the High Court is t 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 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 ct and different from the power given to a criminal court for Inherent power is of wide plenitude with no statutory limitation ch power viz; (i) to secure the ends of justice or (ii) to prevent abuse of Jyoti 2025.07.29 09:50 I attest to the accuracy and integrity of this document CRM xxx xxx xxx. ” 7. In view of the afore report of the trial Court regarding amicable settlement between the 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. 8. Resultantly, the present petition is allowed and 11.11.2022, under Sections 406, 498 Sadar Kharar, District S.A.S. Nagar are quashed qua the petitioner joint statement Hindu Marriage Act before the Additional District Judge, Chandigarh to payment of Rs. 20,000/ Patient Welfare Fund, PGIMER, Chandigarh within a period of one month. 9. Pending mis 28.07.2025 Jyoti-IV CRM-M No.31908 of 2025 xxx xxx xxx. ” In view of the afore-referred judgments and after perusing the report of the trial Court regarding amicable settlement between the 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 d 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 11.11.2022, under Sections 406, 498-A of IPC, registered at Police Station Sadar Kharar, District S.A.S. Nagar and all other consequential proceedings are quashed qua the petitioner on the basis of counseling report/ first motion statement (Annexure P-2) made in a petition filed under Sect Hindu Marriage Act before the Additional District Judge, Chandigarh to payment of Rs. 20,000/- to be deposited by the petitioner(s) 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.31908 of 2025 -3- 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 d 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 FIR No. 227 dated IPC, registered at Police Station and all other consequential proceedings on the basis of counseling report/ first motion 2) made in a petition filed under Section 13-B of Hindu Marriage Act before the Additional District Judge, Chandigarh, subject to be deposited by the petitioner(s) in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one month. cellaneous application(s), if any, also stands disposed of. KIRTI SINGH ) JUDGE Yes/No. Yes/No referred judgments and after perusing 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 d in continuing the proceedings and in order to secure the ends of justice, FIR No. 227 dated IPC, registered at Police Station and all other consequential proceedings on the basis of counseling report/ first motion B of , subject to be deposited by the petitioner(s) in the Poor Jyoti 2025.07.29 09:50 I attest to the accuracy and integrity of this document