Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA
282
SANJAY SINGH
STATE OF HARYANA
CORAM: HON’BLE M
Present : Mr
Mr.Neeraj Sheoran, Sr. D.A.G., Haryana. Mr. Shadab Ahmad, 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. 93 dated 13.03.2024, under Sections 323, 34, 406, 498 IPC has been deleted in challan dated 02.01.2025), registered at Police Station Ambala City, District Am therefrom on the basis of the compromise dated 29.05.2025 (Annexure P
2. Heard learned counsel for the parties and also gone through the case file. 3. This Court while issuing notice of motion vi 10.07.2025, 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 15.07.2025 has been received from the Chief
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M Date of decision:
SANJAY SINGH
Versus STATE OF HARYANA AND ANOTHER HON’BLE MS. JUSTICE KIRTI SINGH Mr. S,K. Yadav, Advocate for the petitioner. Mr.Neeraj Sheoran, Sr. D.A.G., Haryana. Mr. Shadab Ahmad, 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. 93 dated 13.03.2024, under Sections 323, 34, 406, 498-A and 506 of IPC (Section 34 of IPC has been deleted in challan dated 02.01.2025), registered at Police Station Ambala City, District Ambala and all other consequential proceedings arising therefrom on the basis of the compromise dated 29.05.2025 (Annexure P Heard learned counsel for the parties and also gone through the This Court while issuing notice of motion vi 10.07.2025, 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 15.07.2025 has been received from the Chief Judicial Magistrate, Ambala A perusal of the said IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.35870 of 2025 Date of decision: 28.07.2025
…. Petitioner
…. Respondents KIRTI SINGH
, Advocate for the petitioner. Mr.Neeraj Sheoran, Sr. D.A.G., Haryana. Mr. Shadab Ahmad, 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. 93 dated A and 506 of IPC (Section 34 of IPC has been deleted in challan dated 02.01.2025), registered at Police Station bala and all other consequential proceedings arising therefrom on the basis of the compromise dated 29.05.2025 (Annexure P-2). Heard learned counsel for the parties and also gone through the This Court while issuing notice of motion vide order dated 10.07.2025, 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 15.07.2025 has been Judicial Magistrate, Ambala 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. 93 dated A and 506 of IPC (Section 34 of IPC has been deleted in challan dated 02.01.2025), registered at Police Station bala and all other consequential proceedings arising Heard learned counsel for the parties and also gone through the de order dated 10.07.2025, directed the parties to appear before the trial Court/Illaqa Pursuant to the aforesaid order, report dated 15.07.2025 has been Judicial Magistrate, Ambala A perusal of the said Jyoti 2025.07.29 09:50 I attest to the accuracy and integrity of this document
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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 qu compromise effected between them is genuine, without any undue influence and coercion. 5.
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 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 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 em 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 compou
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 a the process of any Court. CRM-M No.35870 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 qu 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, e 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 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 a the process of any Court. M No.35870 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 e 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 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 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 erges 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 nding 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 estion 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 justice. This power of quashing is not Gian Singh vs. , had observed that 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 erges 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 buse of Jyoti 2025.07.29 09:50 I attest to the accuracy and integrity of this document
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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 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 ju the criminal proceedings in the present case deserve to be quashed. 8. Resultantly, the present petition is allowed and the present No. 93 dated 13.03.2024, under Sections 323, 34, 406, 498 (Section 34 of IPC has been deleted Police Station Ambala City, District Ambala proceedings are quashed qua the petitioner(s) on the basis of the compromise dated29.05.2025 (Annexure P 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. 28.07.2025 Jyoti-IV
CRM-M No.35870 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 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 ju the criminal proceedings in the present case deserve to be quashed. Resultantly, the present petition is allowed and the present No. 93 dated 13.03.2024, under Sections 323, 34, 406, 498 (Section 34 of IPC has been deleted in challan dated 02.01.2025), registered at Police Station Ambala City, District Ambala proceedings are quashed qua the petitioner(s) on the basis of the compromise dated29.05.2025 (Annexure P-2), subject to payment of Rs. 20,00 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.35870 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 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 the present FIR No. 93 dated 13.03.2024, under Sections 323, 34, 406, 498-A and 506 of IPC in challan dated 02.01.2025), registered at Police Station Ambala City, District Ambala and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise 2), subject to payment of Rs. 20,000/- to be deposited by the petitioner(s) in the Poor Patient Welfare Fund, PGIMER, 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) 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 stice, FIR A and 506 of IPC in challan dated 02.01.2025), registered at and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise to be deposited by the petitioner(s) in the Poor Patient Welfare Fund, PGIMER,
Jyoti 2025.07.29 09:50 I attest to the accuracy and integrity of this document