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2025 DAILYLAW 71436 (PNJ)

GOURAV AND OTHERS v. STATE OF HARYANA AND ANOTHER

CRM-M/33323/2025 · 2025-07-31

Kirti Singh

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 257 GOURAV AND OTHERS STATE OF HARYANA CORAM: HON’BLE M Present : Mr Mr. Brijesh Sharma, AAG, Haryana. Mr.Naresh Kumar Khepar, Advocate for respondent No.2. KIRTI SINGH CRM-24575-2025 Application is allowed as prayed for. Main case 1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 33 dated 12.04.2025, under Sections 115, 3(5), 316(2), 351(2), 74 and 85 of BNS, 2023, registered at Police consequential proceedings arising therefrom on the basis of the compromise dated 28.04.2025 (Annexure P 2. Heard learned counsel for the parties and also gone through the case file. 3. This Cou 01.07.2025, 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: GOURAV AND OTHERS Versus STATE OF HARYANA AND ANOTHER HON’BLE MS. JUSTICE KIRTI Mr. Rakesh Kumar, Advocate for the petitioner Mr. Brijesh Sharma, AAG, Haryana. Mr.Naresh Kumar Khepar, Advocate for respondent No.2. **** KIRTI SINGH, J. (oral) 2025 Application is allowed as prayed for. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 33 dated 12.04.2025, under Sections 115, 3(5), 316(2), 351(2), 74 and 85 of BNS, 2023, registered at Police Station Women Gurgaon, District Gurugram and all other consequential proceedings arising therefrom on the basis of the compromise dated 28.04.2025 (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. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.33323 of 2025 (O&M) Date of decision: 31.07.2025 …. Petitioners …. Respondents KIRTI SINGH , Advocate for the petitioners. Mr. Brijesh Sharma, AAG, Haryana. Mr.Naresh Kumar Khepar, Advocate for respondent No.2. Application is allowed as prayed for. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 33 dated 12.04.2025, under Sections 115, 3(5), 316(2), 351(2), 74 and 85 of BNS, 2023, Station Women Gurgaon, District Gurugram and all other consequential proceedings arising therefrom on the basis of the compromise Heard learned counsel for the parties and also gone through the rt 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. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 33 dated 12.04.2025, under Sections 115, 3(5), 316(2), 351(2), 74 and 85 of BNS, 2023, Station Women Gurgaon, District Gurugram and all other consequential proceedings arising therefrom on the basis of the compromise Heard learned counsel for the parties and also gone through the rt while issuing notice of motion vide order dated 01.07.2025, directed the parties to appear before the trial Court/Illaqa Jyoti 2025.08.01 17:16 I attest to the accuracy and integrity of this document CRM 4. Pursuant to the aforesaid order, report dated 18.07.20 received from the learned District and Sessions Judge, Gurugram. 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 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 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 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) 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 fr compounding the offences under Section 320 of the Code. CRM-M No.33323 of 2025 (O&M) Pursuant to the aforesaid order, report dated 18.07.20 received from the learned District and Sessions Judge, Gurugram. 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 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. 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 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 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 d 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. (O&M) -2- Pursuant to the aforesaid order, report dated 18.07.2025 has been received from the learned District and Sessions Judge, Gurugram. 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 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. (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. 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 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 om the power given to a criminal court for compounding the offences under Section 320 of the Code. 25 has been received from the learned District and Sessions Judge, Gurugram. 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 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. held that the High Court has - compoundable offence(s) and quash the proceedings where the High Court is 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 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 om the power given to a criminal court for Jyoti 2025.08.01 17:16 I attest to the accuracy and integrity of this document CRM but it has to be exercised in accord with the guideline engrafted in such power viz; (i) t the process of any Court. xxx xxx xxx. ” 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 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 the criminal proceedings in the present case deserve to be quashed. 8. Resultantly, the present petition is allowed and 12.04.2025, under Sections 115, 3(5), 316(2), 351(2), 74 and registered at Police Station Women Gurgaon, District Gurugram consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise dated 28.04.2025 (Annexure P 20,000/- to be deposited by the petitioner(s) 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. 31.07.2025 Jyoti-IV CRM-M No.33323 of 2025 (O&M) 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 xxx. ” In view of the afore-referred judgments and after perusing the report of the trial Court regarding amicable settlement between the petitioner(s) e 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 12.04.2025, under Sections 115, 3(5), 316(2), 351(2), 74 and registered at Police Station Women Gurgaon, District Gurugram consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise dated 28.04.2025 (Annexure P-2), subject to payment of Rs. e 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 (O&M) -3- Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such o 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) e 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 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. 33 dated 12.04.2025, under Sections 115, 3(5), 316(2), 351(2), 74 and 85 of BNS, 2023, registered at Police Station Women Gurgaon, District Gurugram and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the 2), subject to payment of Rs. e 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 ) JUDGE Yes/No. Yes/No Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such o 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) e 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 proceedings and in order to secure the ends of justice, FIR No. 33 dated 85 of BNS, 2023, and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the 2), subject to payment of Rs. e deposited by the petitioner(s) in the Poor Patient Welfare Fund, Jyoti 2025.08.01 17:16 I attest to the accuracy and integrity of this document