SHANKY KUMAR AND OTHERS v. STATE OF PUNJAB AND ANOTHER
CRM-M/34576/2025 · 2025-07-31
Kirti Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73039 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73039 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA
270
SHANKY KUMAR AND OTHERS
STATE OF PUNJAB
CORAM: HON’BLE M
Present : Mr
Mr. Luvinder Sofat, Sr. D.A.G., Punjab. Mr. Gurnoor Singh, Advocate for respondent No.2. KIRTI SINGH
1. The present petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No.125 dated 16.08.2023, under Sections 498 added later on vide GRD No.34 dated 21.11.2023), registered at Police Station City Budhlada, Distr therefrom on the basis of the compromise dated 15.06.2025 (Annexure P
2. Heard learned counsel for the parties and also gone through the case file. 3. This Court while issuing notice of moti 07.07.2025, 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 19.07.2025 has been received from the J report reveals that statements of the concerned persons have been recorded in
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M Date of decision:
SHANKY KUMAR AND OTHERS
Versus STATE OF PUNJAB AND ANOTHER
HON’BLE MS. JUSTICE KIRTI Mr. Krishan Kanha, Advocate for the Mr. Luvinder Sofat, Sr. D.A.G., Punjab. Mr. Gurnoor Singh, Advocate for respondent No.2. **** KIRTI SINGH, J. (oral) The present petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No.125 dated 16.08.2023, under Sections 498-A, 323 and 34 of IPC (Section 406 of IPC added later on vide GRD No.34 dated 21.11.2023), registered at Police Station City Budhlada, District Mansa and all other consequential proceedings arising therefrom on the basis of the compromise dated 15.06.2025 (Annexure P Heard learned counsel for the parties and also gone through the This Court while issuing notice of moti 07.07.2025, 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 19.07.2025 has been received from the Judicial Magistrate 1st Class, Budhlada. A perusal of the said report reveals that statements of the concerned persons have been recorded in IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.34576 of 2025 Date of decision: 31.07.2025
…. Petitioners
…. Respondents KIRTI SINGH
, Advocate for the petitioners. Mr. Luvinder Sofat, Sr. D.A.G., Punjab. Mr. Gurnoor Singh, 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.125 dated A, 323 and 34 of IPC (Section 406 of IPC added later on vide GRD No.34 dated 21.11.2023), registered at Police Station ict Mansa and all other consequential proceedings arising therefrom on the basis of the compromise dated 15.06.2025 (Annexure P-2). Heard learned counsel for the parties and also gone through the This Court while issuing notice of motion vide order dated 07.07.2025, 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 19.07.2025 has been udicial Magistrate 1st Class, Budhlada. A perusal of the said report reveals that statements of the concerned persons have been recorded in
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No.125 dated A, 323 and 34 of IPC (Section 406 of IPC added later on vide GRD No.34 dated 21.11.2023), registered at Police Station ict Mansa and all other consequential proceedings arising Heard learned counsel for the parties and also gone through the on vide order dated 07.07.2025, directed the parties to appear before the trial Court/Illaqa Pursuant to the aforesaid order, report dated 19.07.2025 has been udicial Magistrate 1st Class, Budhlada. A perusal of the said report reveals that statements of the concerned persons have been recorded in Jyoti 2025.08.01 17:16 I attest to the accuracy and integrity of this document
CRM
the present case, who have stated that the matter has been settled between them and they have no objection in case t 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 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 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 posi 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 cour compounding the offences under Section 320 of the Code. 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) the process of any Court. xxx xxx xxx. ”
7. In view of the afore
CRM-M No.34576 of 2025 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 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 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 cour 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) the process of any Court. xxx xxx xxx. ” In view of the afore-referred judgments and after perusing the
M No.34576 of 2025 -2- the present case, who have stated that the matter has been settled between them he 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 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 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 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 tion 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 referred judgments and after perusing the the present case, who have stated that the matter has been settled between them he FIR in question is quashed. The compromise effected between them is genuine, without any undue influence Kulwinder Singh and others vs. 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 the ends of justice. This power of quashing is not Gian Singh vs. , had observed that 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 tion 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 t 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 to prevent abuse of referred judgments and after perusing the Jyoti 2025.08.01 17:16 I attest to the accuracy and integrity of this document
CRM
report of the trial Court regarding amicable settlement between the petitioner(s) and the complainant, this Court finds that 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 th the criminal proceedings in the present case deserve to be quashed. 8. Resultantly, the present petition is allowed and 16.08.2023, under Sections 498 added later on vide GRD No City Budhlada, District Mansa quashed qua the petitioner(s) on the basis of the compromise dated 15.06.2025 (Annexure P-2), subject to payment of Rs. 20,000/ 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.34576 of 2025 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 th the criminal proceedings in the present case deserve to be quashed.
Resultantly, the present petition is allowed and 16.08.2023, under Sections 498-A, 323 and 34 of IPC (Section 406 of IPC added later on vide GRD No.34 dated 21.11.2023), registered at Police Station City Budhlada, District Mansa and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise dated 15.06.2025 2), subject to payment of Rs. 20,000/ 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.34576 of 2025 -3- report of the trial Court regarding amicable settlement between the petitioner(s) 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 FIR No.125 dated A, 323 and 34 of IPC (Section 406 of IPC .34 dated 21.11.2023), registered at Police Station and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise dated 15.06.2025 2), subject to payment of Rs. 20,000/- to be deposited by the petitioner(s) in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a Pending miscellaneous application(s), if any, also stands disposed of. KIRTI SINGH )
JUDGE Yes/No. Yes/No report of the trial Court regarding amicable settlement between the petitioner(s) 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 e ends of justice, FIR No.125 dated A, 323 and 34 of IPC (Section 406 of IPC .34 dated 21.11.2023), registered at Police Station and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise dated 15.06.2025 o be deposited by the petitioner(s) in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a
Jyoti 2025.08.01 17:16 I attest to the accuracy and integrity of this document