SURAJ ALIAS WINTER AND OTHERS v. STATE OF UT CHANDIGARH AND ANOTHER
CRM-M/32671/2025 · 2025-09-15
Aman Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 69653 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69653 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRM-M-32671 IN THE HIGH COURT OF PUNJAB & HARYANA AT
275 SURAJ ALIAS WINTER AND OTHERS
STATE OF UT CHANDIGARH AND ANOTHER
CORAM: HON
Present :
AMAN CHAUDHARY, J. (ORAL)
1.
dated 12.01.2022 under Sections 420, 380, 411, 120 registered at Police Station Mani Majra, UT Chandigarh, consequential proceedings arising therefrom compromise dated
2.
15.07.2025, directed the part Magistrate for recording their statements with regard to the compromise.
3.
26.08.2025/ 32671-2025
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM Date of decision
SURAJ ALIAS WINTER AND OTHERS
Versus STATE OF UT CHANDIGARH AND ANOTHER
CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY
Mr. Harish Goyal, Advocate, for the petitioners. Mr. Manish Bansal, Public Prosecutor, U.T. Chandigarh. Ms. Roma Gill, Advocate, for respondent No.2. (through hybrid mode)
AMAN CHAUDHARY, J. (ORAL)
The present petition has been filed for quashing of 12.01.2022 under Sections 420, 380, 411, 120 registered at Police Station Mani Majra, UT Chandigarh, consequential proceedings arising therefrom compromise dated 10.06.2025, Annexure P-
This Court while issuing notice of motion vide order dated , 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 26.08.2025/30.08.2025 have been received from the
-1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-32671-2025 (O & M) Date of decision: 15.09.2025
....Petitioners STATE OF UT CHANDIGARH AND ANOTHER
...Respondents BLE MR. JUSTICE AMAN CHAUDHARY
Mr. Manish Bansal, Public Prosecutor, U.T. Chandigarh.
hrough hybrid mode) The present petition has been filed for quashing of FIR No.5 12.01.2022 under Sections 420, 380, 411, 120-B of the IPC registered at Police Station Mani Majra, UT Chandigarh, and all other consequential proceedings arising therefrom, on the basis of the -2.
This Court while issuing notice of motion vide order dated ies to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise. Pursuant to the aforesaid
order, reports dated been received from the Judicial Magistrate
PARVEEN KUMAR 2025.09.16 10:56 I attest to the accuracy and integrity of this
order/judgment.
-2- CRM-M-32671-2025
Ist Class, Chandigarh and Principal Magistrate, Juvenile Justice Board, Chandigarh, respectively. A perusal of the said reports 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 and coercion. It is stated in the report that there is one accused and four children in conflict with law. None of them has been declared as proclaimed offender and are not involved in any other FIR.
4.
Heard learned counsel for the parties and also gone through the case file.
5.
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 is not confined to matrimonial disputes alone.
6.
Hon'ble the 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 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:- PARVEEN KUMAR 2025.09.16 10:56 I attest to the accuracy and integrity of this
order/judgment.
-3- CRM-M-32671-2025
“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 power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. XXX---XXX”
7.
In view of the afore-referred judgments, perusing the report of the trial Court regarding amicable settlement between the petitioner 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 FIR No.5 dated 12.01.2022 under Sections 420, 380, 411, 120-B of the IPC registered at Police Station Mani Majra, UT Chandigarh, and all other consequential proceedings arising therefrom, are quashed qua the petitioners on the basis of the compromise dated 10.06.2025.
15.09.2025
(AMAN CHAUDHARY) parveen kumar
JUDGE Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No PARVEEN KUMAR 2025.09.16 10:56 I attest to the accuracy and integrity of this
order/judgment.