CRM-M-37607-2025 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 282 CRM-M-37607-2025 (O&M) Date of decision: 19.08.2025 HARI OM ....PETITIONER V/s STATE OF PUNJAB AND OTHERS ....RESPONDENTS CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Satish Kumar Garg, Advocate for the petitioner. Mr. Gaurav Gurcharan S. Rai, Sr. DAG, Punjab. Mr. Anil Kumar Soni, Advocate for respondents No.2 to 4. ***** SUMEET GOEL , J. 1. The present petition has been filed under Section 528 of BNSS, 2023 for quashing of FIR No.0156 dated 26.04.2025 under Sections 281, 125(A), 324(2) and 324(6) of BNS, 2023 registered at Police Station City Kharar District SAS Nagar (Punjab) and all consequential proceedings arising therefrom on the basis of compromise/affidavit dated 02/21.05.2025 (Annexure P-2 to P-4), which is stated to have been effected between the parties. 2 On 18.07.2025, 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. Notice of motion. At this stage, Mr. Jatinder Pal Singh, Sr. DAG, Punjab. has put in appearance on behalf of respondent No.1-State of Punjab and accepts notice. Mr. Anil Kumar Soni, Advocate has filed separate power of attorneys for respondent Nos.2 to 4. The same be taken on record. JATIN 2025.08.19 16:10 I attest to the accuracy and integrity of this document CRM-M-37607-2025 (O&M) 2 The parties are directed to get their statements recorded qua the factum of compromise in the following manner: (i) The petitioner shall appear before the trial Court/Illaqa Magistrate concerned on 23.07.2025 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 appearance 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 statements of 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 of video conferencing, the parties concerned shall be duly identified through video conferencing by their respective counsel, subject to the satisfaction 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 Advocate having sufficient standing at the Bar. In case the statement 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 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 in either 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 question is found 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 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 declared Proclaimed Offender? The report be submitted before this Court before the next date of hearing i.e. 19.08.2025.” JATIN 2025.08.19 16:10 I attest to the accuracy and integrity of this document CRM-M-37607-2025 (O&M) 3 3. Pursuant to the aforesaid order, report dated 12.08.2025 from Sub Divisional Judicial Magistrate, Kharar, has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:- “It is submitted that on 31.07.2025, complainant namely Kasturi Lal son of Kashmir Lal r/o House No. 57, Paradize Palms, Kharar, Chhaya Sharma d/o Ami Chand r/o street No. 3R, Dogar Basti, District Faridkot and Lovepreet Singh s/o Ram Singh r/o House No. 1454. Ward No. 5, near Court Complex, Kharar appeared in the court and men statement was recorded regarding compromise. They suffered a joint statement that they have compromised the matter with accused Hari Om s/o Krishan Dass Thakur r/o village Mangrot, Tehsil Sadar, Police Station Bilaspur, Himachal Pradesh out of their free consent and without any pressure. That they have no objection if the present FIR is quashed. That there is no other accused other than the petitioner arrayed in the petition. That there is no other complainant or affected/aggrieved party other than the respondents arrayed in the petition. That no accused is proclaimed offender in this case. Thereafter, accused Hari Om also suffered his statement that he has compromised the matter with complainant Kasturi Lai, Chhaya Sharma and Lovepreet Singh. He admitted statement of the complainant party to be correct. That the compromise has been effected voluntarily. without inducement, threat, pressure or coercion That there is no other accused in the present FIR. That there is no other complainant or affected/aggrieved party. That he has never been declared proclaimed offender. Thereafter on 04.08.2025, Investigating Officer ASI Raj Kumar, No.. 981/SAS Nagar, PS City Kharar also appeared and got his statement recorded. He has stated that the present FIR was registered at the instance of Kasturi Lal. That there is only one complainant namely Kasturi Lal in this case and there are two other aggrieved injured persons namely Chhaya Sharma and Lovepreet Singh. That there is no other complainant or affected/aggrieved party than the respondents arrayed in this petition. That there is only one accused namely Hari Om in this case. That the parties are not involved or declared proclaimed oftender in any other criminal case. That no other FIR is registered against accused persons. It is, accordingly, submitted on the basis of statement given by Investigating Officer that there is no accused other than the petitioner namely Hari Om. That there is no other complainant or affected/aggrieved party other than the respondents and the accused has not been declared proclaimed offender. It is also submitted that compromise is genuine, voluntary and without coercion or undue influence. ” JATIN 2025.08.19 16:10 I attest to the accuracy and integrity of this document CRM-M-37607-2025 (O&M) 4 4. Learned counsel for respondent Nos.2 to 4 admits the factum of parties having compromised and states that he has no objection in case the FIR and all proceedings subsequent thereto against the petitioner are quashed. 5. Similarly, learned State counsel has stated no objection in case the FIR is quashed based upon the compromise/affidavit (Annexure P-2 to P-4). 6. I have heard learned Counsel for the parties and have carefully gone through the records of the case. 7. 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 quash proceeding in non-compoundable offences in the cases of Gian Singh vs. State of Punjab and another, 2012(10) SCC 303, Kulwinder Singh & others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 and Ram Gopal and another vs. State of Madhya Pradesh, 2021(4) R.C.R. (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of 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 parties in the matters which are overwhelmingly and predominantly of civil character like commercial transactions or arising out of matrimonial relationship or family disputes. (d) The said power is not to be exercised in the prosecutions 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. JATIN 2025.08.19 16:10 I attest to the accuracy and integrity of this document CRM-M-37607-2025 (O&M) 5 (e) Section 482 Cr.P.C. casts duty upon the High Court to 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 would not refuse to quash FIR under Section 307 merely because FIR finds mention thereof. High Court can assess nature of injuries sustained, whether such injuries inflicted on vital/delicate parts of the body/nature of weapons used etc. (f) Such exercise at the hands of High Court would be permissible only after the evidence is collected after investigation and chargesheet is filed/charges framed during the trial. Such exercise cannot be carried out while the matter is still under investigation. (g) 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 as the statutory provision of Section 482 of Cr.P.C., 1973. Therefore, the above said principles of law would apply to a petition under Section 528 of BNSS, 2023 as well. 8. 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 9. Consequently, the petition is allowed. FIR No.0156 dated 26.04.2025 under Sections 281, 125(A), 324(2) and 324(6) of BNS, 2023 JATIN 2025.08.19 16:10 I attest to the accuracy and integrity of this document CRM-M-37607-2025 (O&M) 6 registered at Police Station City Kharar District SAS Nagar (Punjab) and all consequential proceedings arising therefrom on the basis of compromise/affidavit dated 02/21.05.2025 (Annexure P-2 to P-4), are, hereby, quashed qua the petitioner. 10. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE 19.08.2025 jatin Whether speaking/reasoned: Yes/No Whether reportable: Yes/No JATIN 2025.08.19 16:10 I attest to the accuracy and integrity of this document