SUKHPREET SINGH BRAR AND OTHERS v. STATE OF PUNJAB AND ANOTHER
CRM-M/38034/2025 · 2025-09-19
Tribhuvan Dahiya
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79690 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79690 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRM-M-38034
IN THE HIGH COURT OF PUNJAB AND HARYANA 202
SUKHPREET SINGH BRAR AND OTHERS
STATE OF PUNJAB
CORAM: HON'BLE MR. JUSTICE
Present:- Mr. Hardik Ahluwalia
Mr. Arshdeep Singh Brar,
for the petitioner
Mr. Satjot Singh Chahal,
Mr. Santosh Kumar Yadav, Advocate for
Mr. P. S. Jammu, Advocate
for respondent no.2.
TRIBHUVAN DAHIYA
The instant petition has been filed under Section Bharatiya Nagarik Suraksha no.128 dated 22.08.2024 and 120-B IPC and all consequential proceedings arising therefrom, in view of the compromise, dated petitioners and the complainant to settle their disputes in question.
2.
Learned counsel for the petitioners contends and the complainant have settled their disp 21.04.2025, Annexure
3.
As the parties entered into a compromise to resolve their disputes which led to registration of the criminal case, they were dir 38034-2025
-1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM
Date of Decision:
SUKHPREET SINGH BRAR AND OTHERS Versus
PUNJAB AND ANOTHER
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. Hardik Ahluwalia, Advocate Mr. Arshdeep Singh Brar, Advocate for the petitioners. Mr. Satjot Singh Chahal, Assistant Advocate General, Punjab. Mr. Santosh Kumar Yadav, Advocate for Mr. P. S. Jammu, Advocate or respondent no.2.
TRIBHUVAN DAHIYA, J. (Oral) The instant petition has been filed under Section Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, 22.08.2024, registered under Sections B IPC at Police Station Baghapurana and all consequential proceedings arising therefrom, in view of the compromise, dated 21.04.2025, Annexure P s and the complainant to settle their disputes in question.
Learned counsel for the petitioners contends and the complainant have settled their disputes by way of compromise dated Annexure P-2. As the parties entered into a compromise to resolve their disputes which led to registration of the criminal case, they were dir
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38034-2025
Date of Decision: 19.09.2025
SUKHPREET SINGH BRAR AND OTHERS …Petitioner(s) …Respondent(s) TRIBHUVAN DAHIYA with Advocate Assistant Advocate General, Punjab. Mr. Santosh Kumar Yadav, Advocate for The instant petition has been filed under Section 528 of the , 2023, seeking quashing of FIR , registered under Sections 171-G, 218, 465, 469, 471 Baghapurana, District Moga, Annexure P-1, and all consequential proceedings arising therefrom, in view of the Annexure P-2, entered into between the s and the complainant to settle their disputes in question.
Learned counsel for the petitioners contends that the petitioners utes by way of compromise dated As the parties entered into a compromise to resolve their disputes which led to registration of the criminal case, they were directed to
of the seeking quashing of FIR G, 218, 465, 469, 471 , and all consequential proceedings arising therefrom, in view of the red into between the that the petitioners utes by way of compromise dated As the parties entered into a compromise to resolve their ected to Aman Dua 2025.09.22 18:01 I attest to the accuracy and authenticity of this judicial document
CRM-M-38034
appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard, vide order dated report, dated 06.09 Baghapurana, without any pressure, coercion or u pending against the petitioners, nor have they persons. 4. Learned State counsel and learn respondent no.2/complainant that they have no objection to quashing of the FIR on that basis. 5. It has been held by the Supreme Court of India in cases Singh v. State of P Pradesh v. Laxmi Narayan and others having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships should be quashed when the parties have resolved their disputes among themselves in a lines is another judgment of the Supreme Court in others v. Radhika criminal proceedings for offences under Sections 354 and 394 IPC were quashed since the parties had entered into a compromise and there were no chances of conviction. 6. Further, reference can also be made this Court in 2007(3) R.C.R.(Criminal) 1052, holding that on the parties settling their disputes by way of a compromise, the High Court in exercise of power under 38034-2025
-2- appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard, vide order dated 06.08.2025 06.09.2025, has been received from stating that the compromise arrived at between the parties is without any pressure, coercion or undue influence. pending against the petitioners, nor have they Learned State counsel and learned counsel app o.2/complainant admit the factum of compromise, and submit that they have no objection to quashing of the FIR on that basis. It has been held by the Supreme Court of India in cases . State of Punjab and another, 2012(10) SCC 303 and .
Laxmi Narayan and others, (2019) 5 SCC 688, that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships should be quashed when the parties have resolved their disputes among themselves in a bona fide manner by entering into a compromise. On similar lines is another judgment of the Supreme Court in Radhika and another, 2012 (1) SCC (Criminal) 101, wherein criminal proceedings for offences under Sections 354 and 394 IPC were quashed since the parties had entered into a compromise and there were no chances of conviction. Further, reference can also be made this Court in Kulwinder Singh and others v. State of Punjab and another 2007(3) R.C.R.(Criminal) 1052, holding that on the parties settling their disputes by way of a compromise, the High Court in exercise of power under
appear before the Illaqa Magistrate/trial Court for getting their statements
06.08.2025. Pursuant thereto, a , has been received from Judicial Magistrate Ist Class, stating that the compromise arrived at between the parties is ndue influence. There is no criminal case pending against the petitioners, nor have they been declared proclaimed ed counsel appearing on behalf of admit the factum of compromise, and submit that they have no objection to quashing of the FIR on that basis. It has been held by the Supreme Court of India in cases Gian , 2012(10) SCC 303 and State of Madhya , (2019) 5 SCC 688, that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved their disputes among manner by entering into a compromise. On similar lines is another judgment of the Supreme Court in Shiji alias Pappu and , 2012 (1) SCC (Criminal) 101, wherein criminal proceedings for offences under Sections 354 and 394 IPC were quashed since the parties had entered into a compromise and there were no Further, reference can also be made to Full Bench judgment of .
State of Punjab and another, 2007(3) R.C.R.(Criminal) 1052, holding that on the parties settling their disputes by way of a compromise, the High Court in exercise of power under
appear before the Illaqa Magistrate/trial Court for getting their statements . Pursuant thereto, a , stating that the compromise arrived at between the parties is here is no criminal case been declared proclaimed earing on behalf of admit the factum of compromise, and submit Gian State of Madhya , (2019) 5 SCC 688, that criminal cases having overwhelmingly civil character, particularly those arising out of or family disputes, should be quashed when the parties have resolved their disputes among manner by entering into a compromise. On similar Shiji alias Pappu and , 2012 (1) SCC (Criminal) 101, wherein criminal proceedings for offences under Sections 354 and 394 IPC were quashed since the parties had entered into a compromise and there were no to Full Bench judgment of , 2007(3) R.C.R.(Criminal) 1052, holding that on the parties settling their disputes by way of a compromise, the High Court in exercise of power under Aman Dua 2025.09.22 18:01 I attest to the accuracy and authenticity of this judicial document
CRM-M-38034
Section 482 Cr.P.C. can allow the compounding of non offences also, and quash the criminal proceedings to prevent abuse of the process of law or otherwise to secure the ends of justice. The power is not confined to matrimonial disputes alone. 7. A p report establishes that the present case falls in the category of cases that can be quashed by the High Court in exercise of its inherent jurisdiction unde down in the aforementioned judgments. The petitioners have no criminal antecedents. The offences alleged are not heinous in nature and cannot be termed as crime against the society; nor do they show mental depravity of t petitioners.
Since disputes between the parties have been amicably resolved by way of the compromise, continuation of criminal proceedings will be an exercise in futility as chances of ultimate conviction are not there, and it will hamper their peaceful
8. Consequently, this petition is allowed. 22.08.2024, registered under Sections IPC at Police Station proceedings arising therefrom are hereby quashed
19.09.2025 Ad
38034-2025
-3- 482 Cr.P.C. can allow the compounding of non offences also, and quash the criminal proceedings to prevent abuse of the process of law or otherwise to secure the ends of justice. The power is not confined to matrimonial disputes alone. A perusal of the allegations in the FIR as well as the aforesaid report establishes that the present case is of predominantly falls in the category of cases that can be quashed by the High Court in exercise of its inherent jurisdiction under Section down in the aforementioned judgments. The petitioners have no criminal antecedents. The offences alleged are not heinous in nature and cannot be termed as crime against the society; nor do they show mental depravity of t petitioners. Since disputes between the parties have been amicably resolved by way of the compromise, continuation of criminal proceedings will be an exercise in futility as chances of ultimate conviction are not there, and it will hamper their peaceful coexistence even after resolution of disputes. Consequently, this petition is allowed. , registered under Sections 171-G, 218, 465, 469, 471 and 120 at Police Station Baghapurana, District proceedings arising therefrom are hereby quashed
Whether speaking/reasoned Whether reportable
482 Cr.P.C. can allow the compounding of non-compoundable offences also, and quash the criminal proceedings to prevent abuse of the process of law or otherwise to secure the ends of justice.
The power is not erusal of the allegations in the FIR as well as the aforesaid is of predominantly private nature and falls in the category of cases that can be quashed by the High Court in r Section 528 BNSS, as per law laid down in the aforementioned judgments. The petitioners have no criminal antecedents. The offences alleged are not heinous in nature and cannot be termed as crime against the society; nor do they show mental depravity of the petitioners. Since disputes between the parties have been amicably resolved by way of the compromise, continuation of criminal proceedings will be an exercise in futility as chances of ultimate conviction are not there, and it will coexistence even after resolution of disputes. Consequently, this petition is allowed. FIR no.128 dated G, 218, 465, 469, 471 and 120-B , District Moga, and all consequential proceedings arising therefrom are hereby quashed qua the petitioners. (TRIBHUVAN DAHIYA)
JUDGE Yes/No Yes/No
compoundable offences also, and quash the criminal proceedings to prevent abuse of the process of law or otherwise to secure the ends of justice. The power is not erusal of the allegations in the FIR as well as the aforesaid private nature and falls in the category of cases that can be quashed by the High Court in , as per law laid down in the aforementioned judgments. The petitioners have no criminal antecedents. The offences alleged are not heinous in nature and cannot be he petitioners. Since disputes between the parties have been amicably resolved by way of the compromise, continuation of criminal proceedings will be an exercise in futility as chances of ultimate conviction are not there, and it will dated B , and all consequential ) Aman Dua 2025.09.22 18:01 I attest to the accuracy and authenticity of this judicial document