CRM CRM CRM CRM----M M M M----35914 35914 35914 35914---- 279 279 279 279 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA Harmanjot Singh State of Punjab CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) of FIR No.206 126(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (Section 238 of BNS added later on) Khel, District Jalandhar the basis of compromise is stated to have been effected between the parties. 2. ----2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH Date of decision: Date of decision: Date of decision: Date of decision: Harmanjot Singh versus Punjab and others HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Sumit Dua, Advocate for the petitioner. Mr. Gaurav Gurcharan Singh Rai, Senior DAG Punjab. Mr. Sandeep Sharma, Advocate for respondents No.2 and 3. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) The present petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) 206 dated 24.12.2024 (Annexure P , 3(5) of the Bharatiya Nyaya Sanhita, 2023 (Section 238 of BNS added later on), registered at Police Station Khel, District Jalandhar and all subsequent proceedings arising therefrom on the basis of compromise/affidavit dated 05.07 is stated to have been effected between the parties. On 10.07.2025, the following order was passed: “The petitioner has approached this Court seeking quashing of FIR (Annexure P-1) and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties. 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT AT AT AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM----M M M M----35914 35914 35914 35914----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: August 18 August 18 August 18 August 18, 2025 , 2025 , 2025 , 2025 ….Petitioner ….Respondents HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Advocate for the petitioner. Mr. Gaurav Gurcharan Singh Rai, Senior DAG Punjab. Advocate for respondents No.2 and 3. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for quashing (Annexure P-1), under Sections 115(2), , 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) registered at Police Station Basti Bawa proceedings arising therefrom on 05.07.2025 (Annexure P-2), which is stated to have been effected between the parties. the following order was passed: The petitioner has approached this Court seeking quashing of 1) and all consequential proceedings asis of a compromise having been 1111 2025 2025 2025 2025 , 2025 , 2025 , 2025 , 2025 Petitioner s of the for quashing ), (for short ‘BNS’) Basti Bawa proceedings arising therefrom on which The petitioner has approached this Court seeking quashing of 1) and all consequential proceedings asis of a compromise having been MAHAVIR SINGH 2025.08.19 10:09 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----35914 35914 35914 35914---- ----2025 2025 2025 2025 Notice of motion. At this stage, Mr. Jatinder Pal Singh, Sr. DAG, Punjab has put in appearance on behalf of respondent No.1 Punjab and accepts notice. Mr. Sandeep Sharma, Advocate has filed respondent Nos.2 & 3. The same be taken on record. The parties are directed to get their statements recorded qua the factum of compromise in the following manner: (i) The petitioner shall appear Court/Illaqa Magistrate concerned on or any date thereafter Magistrate for recording petitioner as well as of the complainant qua factum of compromise. As and when any such appearance is made, the trial Court/Illaqa Magistrate shall do statements of the parties qua compromise. It shall be open to the trial Court/Illaqa Magistrate to either record the statements of the parties by p video conferencing as trial Court/Illaqa Magistrate. (ii) In case the statement is to be recorded by way of video conferencing, the parties concerned shall be duly identified their respective counsel, of the Presiding Officer. (iii) The trial Court/Illaqa Magistrate may also choose to get the statements of the parties recorded through some Commissioner, appointed by the Court who would be some sufficient standing at the Bar. In case the is recorded through some Commissioner, such Commissioner/Advocate shall furnish an affidavit after recording statements to the effect that the parties had appeared before him/her and he/she had recorded their the said parties had been duly respective counsel. This shall be subject satisfaction of trial Court/Illaqa Magistrate. After recording the statements of all the affected parties in either of the aforesaid manner, the trial Court/Illaqa Magistrate shall submit its report so recorded as to whether all the affected parties into a compromise and as to whether the compromise in 2222 At this stage, Mr. Jatinder Pal Singh, Sr. DAG, Punjab appearance on behalf of respondent No.1-State of Mr. Sandeep Sharma, Advocate has filed vakalatnama for respondent Nos.2 & 3. The same be taken on record. The parties are directed to get their statements recorded factum of compromise in the following manner: (i) The petitioner shall appear before the trial Magistrate concerned on 14.07.2025 or any date thereafter as fixed by trial Court/Illaqa Magistrate for recording statements of the petitioner as well as of the complainant qua the factum of compromise. As and when any such pearance is made, the trial Court/Illaqa Magistrate shall do the needful for recording the statements of the parties qua the factum of the compromise. It shall be open to the trial Court/Illaqa Magistrate to either record the parties by physical process or by video conferencing as deemed appropriate by the trial Court/Illaqa Magistrate. (ii) In case the statement is to be recorded by way conferencing, the parties concerned shall through video conferencing by their respective counsel, subject to the satisfaction of the Presiding Officer. (iii) The trial Court/Illaqa Magistrate may also the statements of the parties recorded Commissioner, appointed by the Court who would be some Advocate having sufficient standing at the Bar. In case the statement is recorded through some Commissioner, such Commissioner/Advocate shall furnish an affidavit recording statements to the effect that the appeared before him/her and he/she ad recorded their statements as per law and that the said parties had been duly identified by their respective counsel. This shall be subject to satisfaction of trial Court/Illaqa Magistrate. After recording the statements of all the affected parties of the aforesaid manner, the trial Court/Illaqa Magistrate shall submit its report on the basis of the statements so recorded as to whether all the affected parties have entered into a compromise and as to whether the compromise in 2222 At this stage, Mr. Jatinder Pal Singh, Sr. DAG, Punjab State of for The parties are directed to get their statements recorded before the trial .07.2025 as fixed by trial Court/Illaqa statements of the the factum of compromise. As and when any such pearance is made, the trial Court/Illaqa the needful for recording the the factum of the compromise. It shall be open to the trial Court/Illaqa Magistrate to either record the hysical process or by deemed appropriate by the (ii) In case the statement is to be recorded by way conferencing, the parties concerned shall through video conferencing by subject to the satisfaction (iii) The trial Court/Illaqa Magistrate may also the statements of the parties recorded Commissioner, appointed by the ate having statement is recorded through some Commissioner, such Commissioner/Advocate shall furnish an affidavit recording statements to the effect that the appeared before him/her and he/she statements as per law and that identified by their to After recording the statements of all the affected parties of the aforesaid manner, the trial Court/Illaqa on the basis of the statements have entered into a compromise and as to whether the compromise in MAHAVIR SINGH 2025.08.19 10:09 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----35914 35914 35914 35914---- 3. the Judicial Magistrate on record. As per the report, the Trial 4. parties having FIR and all proceedings subsequent thereto against the quashed. ----2025 2025 2025 2025 question is found to be a valid compromise and has been effected without there being any The trial Court/Illaqa Magistrate shall also report as regards the following facts after seeking information from Investigating Officer, concerned: (i) Whether there is any other accused other than the petitioner, arrayed in this petition? (ii) Whether there is any other complainant or affected/ aggrieved party other than the respondents, arrayed in the petition? (iii) Whether any accused has been decla Offender? The report be submitted before this Court before the next date of hearing i.e. 06.08.2025.” Pursuant to the aforesaid order, report dated Judicial Magistrate Ist Class, Jalandhar has been received, which on record. As per the report, the Trial Court has recorded as follows: “1) Whether there is other accused other than the petitioner arrayed in this petition:- As per the statements of complainant Balwinder Kumar as well as ASI Mangat Ram, there more accused in the present FIR i.e. Viney Tiwari(since died) and Shivam(since died). 2) Whether there is any other complainant or affected/aggrieved party other than the respondents, arrayed in the petition:- Karan Bagga is one of the injured i FIR. 3) Whether any accused has been declared proclaimed offender:-As per the statement of ASI Mangat Ram no accused has been declared as proclaimed offender. Learned counsel for respondent parties having compromised, and states that he has no objection in case the FIR and all proceedings subsequent thereto against the 3333 to be a valid compromise and has been effected without there being any kind of influence or coercion. The trial Court/Illaqa Magistrate shall also report as following facts after seeking information from Investigating Officer, concerned: Whether there is any other accused other than the arrayed in this petition? (ii) Whether there is any other complainant or affected/ party other than the respondents, arrayed in the (iii) Whether any accused has been declared Proclaimed The report be submitted before this Court before the next ” Pursuant to the aforesaid order, report dated 17.07.2025 from has been received, which is taken Court has recorded as follows: Whether there is other accused other than the petitioner As per the statements of complainant Balwinder Kumar as well as ASI Mangat Ram, there were two more accused in the present FIR i.e. Viney Tiwari(since died) Whether there is any other complainant or affected/aggrieved party other than the respondents, arrayed in Karan Bagga is one of the injured in the present Whether any accused has been declared proclaimed As per the statement of ASI Mangat Ram no accused has been declared as proclaimed offender.” Learned counsel for respondents No.2 & 3 admits the fact of and states that he has no objection in case the FIR and all proceedings subsequent thereto against the petitioner are 3333 to be a valid compromise and has been The trial Court/Illaqa Magistrate shall also report as following facts after seeking information from Whether there is any other accused other than the (ii) Whether there is any other complainant or affected/ party other than the respondents, arrayed in the red Proclaimed The report be submitted before this Court before the next from is taken Whether there is other accused other than the petitioner As per the statements of complainant were two more accused in the present FIR i.e. Viney Tiwari(since died) Whether there is any other complainant or affected/aggrieved party other than the respondents, arrayed in n the present Whether any accused has been declared proclaimed As per the statement of ASI Mangat Ram no accused admits the fact of and states that he has no objection in case the are MAHAVIR SINGH 2025.08.19 10:09 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----35914 35914 35914 35914---- 5. the FIR is quashed based upon the compromise 6. gone through the records of the case. 7. with the issue of exercise of jurisdiction under Section 482 of the quash proceeding in non vs. State of Punjab and another, 2012(10) SCC 303 vs. State of Punjab and another, 2012(10) SCC 303 vs. State of Punjab and another, 2012(10) SCC 303 vs. State of Punjab and another, 2012(10) SCC 303 others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 Ram Gopal and another vs. State of Ram Gopal and another vs. State of Ram Gopal and another vs. State of Ram Gopal and another vs. State of (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of September, 2021) September, 2021) September, 2021) September, 2021) decisions rendered by the Hon’ble Apex Court and this Court is: ----2025 2025 2025 2025 Similarly, learned State counsel has stated no objection in case the FIR is quashed based upon the compromise I have heard learned Counsel for the parties and have carefully gone through the records of the case. This Court and the Hon’ble Apex Court has repeatedly dealt with the issue of exercise of jurisdiction under Section 482 of the quash proceeding in non-compoundable offences in the cases of vs. State of Punjab and another, 2012(10) SCC 303 vs. State of Punjab and another, 2012(10) SCC 303 vs. State of Punjab and another, 2012(10) SCC 303 vs. State of Punjab and another, 2012(10) SCC 303 others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 Ram Gopal and another vs. State of Ram Gopal and another vs. State of Ram Gopal and another vs. State of Ram Gopal and another vs. State of Madhya Pradesh, 2021(4) R.C.R. Madhya Pradesh, 2021(4) R.C.R. Madhya Pradesh, 2021(4) R.C.R. Madhya Pradesh, 2021(4) R.C.R. (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of September, 2021) September, 2021) September, 2021) September, 2021). The proposition of law that emerges from the aforesaid decisions rendered by the Hon’ble Apex Court and this Court is: (a) Power u/s 482 Cr.P.C. vested with this Court is much wider and is unaffected by Section 320 of the Code. (b) However, wider the power greater the caution. (c) The underlining principle while exercising such power is that it can be invoked to quash the proceedings recognizing compromise between the matters which are overwhelmingly and predominantly of civil character like commercial of matrimonial relationship or family disputes. (d) The said power is not to be exercised involving heinous and serious offences of mental depravity or offences like murder, rape, dacoity etc. as such offences are not private in nature and have a serious impact on society. (e) Section 482 Cr.P.C. casts duty upon the High advance interest of justice as well. It is in recognition of this duty casted upon the High Court, that Apex Court held that the High Court under Section 307 merely thereof. High Court can as 4444 Similarly, learned State counsel has stated no objection in case the FIR is quashed based upon the compromise (Annexure P-2). I have heard learned Counsel for the parties and have carefully This Court and the Hon’ble Apex Court has repeatedly dealt with the issue of exercise of jurisdiction under Section 482 of the Code to compoundable offences in the cases of Gian Singh Gian Singh Gian Singh Gian Singh vs. State of Punjab and another, 2012(10) SCC 303 vs. State of Punjab and another, 2012(10) SCC 303 vs. State of Punjab and another, 2012(10) SCC 303 vs. State of Punjab and another, 2012(10) SCC 303, Kulwinder Singh & Kulwinder Singh & Kulwinder Singh & Kulwinder Singh & others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 and Madhya Pradesh, 2021(4) R.C.R. Madhya Pradesh, 2021(4) R.C.R. Madhya Pradesh, 2021(4) R.C.R. Madhya Pradesh, 2021(4) R.C.R. (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of . The proposition of law that emerges from the aforesaid decisions rendered by the Hon’ble Apex Court and this Court is: .P.C. vested with this Court is much unaffected by Section 320 of the Code. However, wider the power greater the caution. The underlining principle while exercising such power is invoked to quash the proceedings recognizing compromise between the parties in the which are overwhelmingly and predominantly of character like commercial transactions or arising out relationship or family disputes. The said power is not to be exercised in the prosecutions involving heinous and serious offences of mental offences like murder, rape, dacoity etc. as private in nature and have a serious Section 482 Cr.P.C. casts duty upon the High Court to interest of justice as well. It is in recognition of upon the High Court, that Apex Court held that the High Court would not refuse to quash FIR under Section 307 merely because FIR finds mention thereof. High Court can assess nature of injuries 4444 Similarly, learned State counsel has stated no objection in case I have heard learned Counsel for the parties and have carefully This Court and the Hon’ble Apex Court has repeatedly dealt Code to Gian Singh Gian Singh Gian Singh Gian Singh Kulwinder Singh & Kulwinder Singh & Kulwinder Singh & Kulwinder Singh & and Madhya Pradesh, 2021(4) R.C.R. Madhya Pradesh, 2021(4) R.C.R. Madhya Pradesh, 2021(4) R.C.R. Madhya Pradesh, 2021(4) R.C.R. (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of . The proposition of law that emerges from the aforesaid .P.C. vested with this Court is much The underlining principle while exercising such power is invoked to quash the proceedings parties in the which are overwhelmingly and predominantly of transactions or arising out in the prosecutions involving heinous and serious offences of mental offences like murder, rape, dacoity etc. as private in nature and have a serious Court to interest of justice as well. It is in recognition of upon the High Court, that Apex Court would not refuse to quash FIR because FIR finds mention nature of injuries MAHAVIR SINGH 2025.08.19 10:09 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----35914 35914 35914 35914---- as the statutory provision of Section 482 of Cr. said principles of law would apply to a petition under Section 528 of BNSS, 2023 as well. 8. this Court is of the considered jurisdiction vested u/s 9. 24.12.2024 (Annexure P (Section 238 of BNS added later on) Khel, District ----2025 2025 2025 2025 sustained, whether such injuries inflicted on parts of the body/nature of weapons (f) Such exercise at the hands of High Court would be permissible only after the evidence is collected after investigation and charge during the trial. Such exercise while the matter is still under investigation. (g) While quashing FIR in non which are of private in nature, High Cour consider antecedents of the accused, conduct of the accused and whether he was absconding or whether he has managed the complainant to enter into a The statutory provision of Section 528 of BNSS, 2023 is same statutory provision of Section 482 of Cr. said principles of law would apply to a petition under Section 528 of BNSS, 2023 as well. Thus, keeping in view the aforesaid facts and circumstances, this Court is of the considered opinion that it is a fit case to exercise jurisdiction vested u/s 528 of BNSS, 2023 to quash the FIR as: (i) Putting a quietus to the proceedings will bring peace and tranquility amongst parties & will accordingly further the cause of substantial justice (ii) The offences alleged are primarily of private nature; (iii) The parties have compromised (iv) As per the report received the compromise is said to be voluntary in its nature; (v) Complainant/victim is reported to have entered into compromise on his own volition. Consequently, the petition is allowed. 24.12.2024 (Annexure P-1), under Sections 115( (Section 238 of BNS added later on), registered at Police Station Khel, District Jalandhar and all consequential proceedings arising therefrom 5555 sustained, whether such injuries inflicted on vital/delicate parts of the body/nature of weapons used etc. Such exercise at the hands of High Court would be only after the evidence is collected after and charge-sheet is filed/charges framed during the trial. Such exercise cannot be carried out while the matter is still under investigation. While quashing FIR in non-compoundable offences even which are of private in nature, High Court is required to consider antecedents of the accused, conduct of the accused and whether he was absconding or whether he has managed the complainant to enter into a compromise. The statutory provision of Section 528 of BNSS, 2023 is same statutory provision of Section 482 of Cr. P.C. Therefore, the above said principles of law would apply to a petition under Section 528 of BNSS, Thus, keeping in view the aforesaid facts and circumstances, opinion that it is a fit case to exercise to quash the FIR as: Putting a quietus to the proceedings will bring peace and tranquility amongst parties & will accordingly further the cause of substantial justice; re primarily of private nature; The parties have compromised; As per the report received the compromise is said to be Complainant/victim is reported to have entered into his own volition. Consequently, the petition is allowed. FIR No.206 dated 115(2), 126(2), 3(5) of the BNS , registered at Police Station Basti Bawa and all consequential proceedings arising therefrom 5555 vital/delicate Such exercise at the hands of High Court would be only after the evidence is collected after framed cannot be carried out compoundable offences even to consider antecedents of the accused, conduct of the accused and whether he was absconding or whether he compromise. The statutory provision of Section 528 of BNSS, 2023 is same above said principles of law would apply to a petition under Section 528 of BNSS, Thus, keeping in view the aforesaid facts and circumstances, opinion that it is a fit case to exercise Putting a quietus to the proceedings will bring peace and tranquility amongst parties & will accordingly further the As per the report received the compromise is said to be Complainant/victim is reported to have entered into dated ), 126(2), 3(5) of the BNS Basti Bawa and all consequential proceedings arising therefrom MAHAVIR SINGH 2025.08.19 10:09 I attest to the accuracy and authenticity of this order/ judgment CRM CRM CRM CRM----M M M M----35914 35914 35914 35914---- on the basis of compromise/affidavit dated hereby, quashed 10. August 18 August 18 August 18 August 18, 2025 , 2025 , 2025 , 2025 mahavir Whether speaking/reasoned: Whether reportable: ----2025 2025 2025 2025 on the basis of compromise/affidavit dated 05.07 hereby, quashed qua the petitioner. Pending application(s), if any, shall also stand disposed of. , 2025 , 2025 , 2025 , 2025 Whether speaking/reasoned: Yes/No Whether reportable: Yes/No 6666 05.07.2025 (Annexure P-2), are, Pending application(s), if any, shall also stand disposed of. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE 6666 ), are, MAHAVIR SINGH 2025.08.19 10:09 I attest to the accuracy and authenticity of this order/ judgment