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High Court of Punjab and Haryana · body

2025 DAILYLAW 70960 (PNJ)

SHYAMVEER v. STATE OF HARYANA AND ANOTHER

CRM-M/33088/2025 · 2025-07-30

Kirti Singh

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 276 SHYAMVEER STATE OF HARYANA CORAM: HON’BLE M Present : Mr Mr. Ramesh Kumar Ambavta, D.A.G., Haryana Mr. Sourabh Sheoran, Advocate for respondent No.2. KIRTI SINGH 1. The present petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 37 dated 13.02.2023, under Sections 377 of IPC deleted later on), registered at Police Station Sadar Kanina, District Mahendergarh and basis of the compromise dated 06.05.2025 (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 01.07.2025, 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 order, report dated 16.07.2025 has been received from the Judicial Magis IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: SHYAMVEER Versus STATE OF HARYANA AND ANOTHER HON’BLE MS. JUSTICE KIRTI SINGH Mr. Himanshu Setia, Advocate for the petitioner. Mr. Ramesh Kumar Ambavta, D.A.G., Haryana Mr. Sourabh Sheoran, Advocate for respondent No.2. **** KIRTI SINGH, J. (oral) The present petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 37 dated 13.02.2023, under Sections 323, 34, 377, 406, 498 377 of IPC deleted later on), registered at Police Station Sadar Kanina, District Mahendergarh and all other consequential proceedings arising therefrom on the basis of the compromise dated 06.05.2025 (Annexure P Heard learned counsel for the parties and also gone through the This Court while issuing notice of motion vide order 01.07.2025, 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 16.07.2025 has been received from the Judicial Magistrate 1st Class, Kanina. A perusal of the said IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.33088 of 2025 Date of decision: 30.07.2025 …. Petitioner Versus …. Respondents KIRTI SINGH , Advocate for the petitioner. Mr. Ramesh Kumar Ambavta, D.A.G., Haryana. Mr. Sourabh Sheoran, 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. 37 dated 323, 34, 377, 406, 498-A and 506 of IPC (Section 377 of IPC deleted later on), registered at Police Station Sadar Kanina, District all other consequential proceedings arising therefrom on the basis of the compromise dated 06.05.2025 (Annexure P-2). Heard learned counsel for the parties and also gone through the This Court while issuing notice of motion vide order dated 01.07.2025, 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 16.07.2025 has been trate 1st Class, Kanina. A perusal of the said of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 37 dated A and 506 of IPC (Section 377 of IPC deleted later on), registered at Police Station Sadar Kanina, District all other consequential proceedings arising therefrom on the Heard learned counsel for the parties and also gone through the dated 01.07.2025, directed the parties to appear before the trial Court/Illaqa Pursuant to the aforesaid order, report dated 16.07.2025 has been trate 1st Class, Kanina. A perusal of the said Jyoti 2025.07.31 17:19 I attest to the accuracy and integrity of this document CRM-M No.33088 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 settled between them and they have no objection in case the FIR in quest 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 prevent the abuse of the process of law or otherwise to secure the ends of ju confined to matrimonial disputes alone. 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 jus 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 emerg 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 compoundi 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. M No.33088 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 settled between them and they have no objection in case the FIR in quest compromise effected between them is genuine, without any undue influence The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, ower 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 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. M No.33088 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. State of Punjab, 2007 (3) RCR (Criminal) 1052, held that the High Court has ower 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 stice. 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 tice 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 es 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 ng 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 the present case, who have stated that the matter has been settled between them ion 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 of the view that the same was required to prevent the abuse of the process of stice. This power of quashing is not Gian Singh vs. , had observed that tice 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 es 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 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 Jyoti 2025.07.31 17:19 I attest to the accuracy and integrity of this document CRM-M No.33088 of 2025 xxx xxx xxx. ” 7. ” 7. In view of the afore 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 t 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 8. Resultantly, the present petition is allowed and 13.02.2023, under Sections 377 of IPC deleted later on), registered at Police Station Sadar Kanina, District Mahendergarh petitioner on the basis of the compromise dated 06.05.2025 (Annexure P subject to payment of Rs. 20,000/ Poor Patient Welfare Fund, PGIMER, month. 9. Pending miscellaneous application(s), if any, also stands disposed of. 30.07.2025 Jyoti-IV M No.33088 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 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 13.02.2023, under Sections 323, 34, 377, 406, 498 377 of IPC deleted later on), registered at Police Station Sadar Kanina, District dergarh and all other consequential proceedings are quashed qua the petitioner on the basis of the compromise dated 06.05.2025 (Annexure P subject 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 Pending miscellaneous application(s), if any, also stands disposed of. (KIRTI SINGH Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No M No.33088 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 he 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, deserve to be quashed. Resultantly, the present petition is allowed and FIR No. 37 dated 323, 34, 377, 406, 498-A and 506 of IPC (Section 377 of IPC deleted later on), registered at Police Station Sadar Kanina, District and all other consequential proceedings are quashed qua the petitioner on the basis of the compromise dated 06.05.2025 (Annexure P-2), to be deposited by the petitioner(s) in the Chandigarh within a period of one Pending miscellaneous application(s), if any, also stands disposed of. KIRTI SINGH ) JUDGE Yes/No. Yes/No 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 he 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, FIR No. 37 dated A and 506 of IPC (Section 377 of IPC deleted later on), registered at Police Station Sadar Kanina, District and all other consequential proceedings are quashed qua the 2), to be deposited by the petitioner(s) in the Chandigarh within a period of one Jyoti 2025.07.31 17:19 I attest to the accuracy and integrity of this document