CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 284 Jatinder Singh and others State of Punjab and another CORAM: Present: SUMEET GOEL 1. 2023 for quashing of FIR No.65 dated 07.06.2025 under Sections 109, 118(2), 61(2), 115(2), 126(2), 351(2), 3(5) of BNS Act, 2023, registered at Police Station Chabbewal, District Hoshiarpur and all consequential proceedings arisi (Annexure P 2. -38525-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH atinder Singh and others V/s tate of Punjab and another CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Mr. Bhupinder Banga, Advocate for the petitioners. Mr. Gaurav Gurcharan S. Rai, Sr. DAG Punjab. Mr. Vikas Sheel Verma, Advocate for respondent No.2. ***** SUMEET GOEL, J. (Oral) The present petition has been filed 2023 for quashing of FIR No.65 dated 07.06.2025 under Sections 109, 118(2), 61(2), 115(2), 126(2), 351(2), 3(5) of BNS Act, 2023, registered at Police Station Chabbewal, District Hoshiarpur and all consequential proceedings arising therefrom on the basis of compromise/agreement (Annexure P-2), which is stated to have been effected between the parties. On 21.07.2025, the following order was passed: “The petitioners have 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. Gurpartap S. Bhullar, AAG, Punjab has put in appearance on behalf of respondent No.1 notice. Mr. Tushaar Madaan, Advocate has put in appearance for respondent No.2. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38525-2025 (O&M) Date of decision: 20.08.2025 ....Petitioner ....Respondent JUSTICE SUMEET GOEL Mr. Bhupinder Banga, Advocate for the petitioners. Mr. Gaurav Gurcharan S. Rai, Sr. DAG Punjab. Mr. Vikas Sheel Verma, Advocate for respondent No.2. ***** The present petition has been filed under Section 528 of BNSS, 2023 for quashing of FIR No.65 dated 07.06.2025 under Sections 109, 118(2), 61(2), 115(2), 126(2), 351(2), 3(5) of BNS Act, 2023, registered at Police Station Chabbewal, District Hoshiarpur and all consequential ng therefrom on the basis of compromise/agreement 2), which is stated to have been effected between the parties. On 21.07.2025, the following order was passed: The petitioners have approached this Court seeking quashing of FIR 1) and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties. At this stage, Mr. Gurpartap S. Bhullar, AAG, Punjab has put in appearance on behalf of respondent No.1-State of Punjab and accepts Mr. Tushaar Madaan, Advocate has put in appearance for respondent (O&M) .08.2025 under Section 528 of BNSS, 2023 for quashing of FIR No.65 dated 07.06.2025 under Sections 109, 118(2), 61(2), 115(2), 126(2), 351(2), 3(5) of BNS Act, 2023, registered at Police Station Chabbewal, District Hoshiarpur and all consequential ng therefrom on the basis of compromise/agreement 2), which is stated to have been effected between the parties. The petitioners have approached this Court seeking quashing of FIR 1) and all consequential proceedings emanating therefrom on the basis of a compromise having been effected between the parties. At this stage, Mr. Gurpartap S. Bhullar, AAG, Punjab has put in State of Punjab and accepts Mr. Tushaar Madaan, Advocate has put in appearance for respondent AJAY KUMAR 2025.08.20 17:06 I attest to the accuracy and integrity of this document CRM-M- -38525-2025 (O&M) The parties are directed to get their stat compromise in the following manner: (i) The petitioner shall appear before the trial Court/Illaqa Magistrate concerned on 31.07.2025 or any date thereafter as fixed by trial Court/Illaqa Magistrate for recording statement 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 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 affidavi 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 aff 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 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 par 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. 20.08.2025. 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 31.07.2025 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 t 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 (iii) The trial Court/Illaqa Magistrate may also choose to get the ts 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 n 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 (ii) Whether there is any other complainant or affected/ aggrieved par 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 ements recorded qua the factum of (i) The petitioner shall appear before the trial Court/Illaqa Magistrate concerned on 31.07.2025 or any date thereafter as fixed by trial s 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 t 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. of video conferencing, the parties concerned shall be duly identified through video conferencing by their respective counsel, subject to the satisfaction of the Presiding (iii) The trial Court/Illaqa Magistrate may also choose to get the ts 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, t 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 After recording the statements of all the affected parties in either of the aforesaid manner, the trial Court/Illaqa Magistrate shall submit its report ected 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 regards the following facts (i) Whether there is any other accused other than the petitioner, arrayed (ii) Whether there is any other complainant or affected/ aggrieved party The report be submitted before this Court before the next date of hearing AJAY KUMAR 2025.08.20 17:06 I attest to the accuracy and integrity of this document CRM-M- 3. Judicial Magistrate Ist Class, Hoshiarpur has been received, which is taken on record. As per the report, the Trial -38525-2025 (O&M) The petitioners are directed to deposit a s High Court Lawyers Welfare Fund, Bank details whereof reads thus: Account No.65018692589; IFSC Code: SBIN0050306; Branch Code: 50306 & Bank: State Bank of India, High Court Branch, Chandigarh Payment of costs and production of receipt thereof shall be a condition precedent for recording of statements in the manner directed for hereinabove. The question, as regards the maintainability as also desirability of the present compromise petition since the offence invoked under Se of BNS, 2023 (Section 307 of the erstwhile IPC), is kept open. Pursuant to the aforesaid order, report dated 07.08.2025 from Judicial Magistrate Ist Class, Hoshiarpur has been received, which is taken on record. As per the report, the Trial Court has recorded as follows: “(1) Whether there is any other accused other than the petitioners, arrayed in this petition? As per statement of Investigating Officer, there is no other accused other than the petitioners i.e. accused Jatinder Singh @ Bil @ Haman and Jaspreet Kaur @ Jassi arrayed in this petition. (2) Whether there is any other complainant or affected/aggrieved party other than the respondents, arrayed in this petition? As per statement of I.O., there is no any other comp aggrieved party other than complainant Sukhdev Singh. (3) Whether any accused has been declared Proclaimed Offender? As per statement of I.O., no accused has been declared as proclaimed offender in the present case. It is most respectfully submitted that as per statements of parties, compromise has been arrived between them with their own free Will, voluntarily without any influence or coercion and is not the result of any fraud or misrepresentation and is the result of free Wil compromise has been arrived between all the affected parties i.e all affected/injured/complainant and accused.” 3 The petitioners are directed to deposit a sum of ₹30,000/- as costs with the High Court Lawyers Welfare Fund, Bank details whereof reads thus: Bank: State Bank of India, High Court Branch, Chandigarh n of receipt thereof shall be a condition precedent for recording of statements in the manner directed for The question, as regards the maintainability as also desirability of the present compromise petition since the offence invoked under Section 109 of BNS, 2023 (Section 307 of the erstwhile IPC), is kept open.” Pursuant to the aforesaid order, report dated 07.08.2025 from Judicial Magistrate Ist Class, Hoshiarpur has been received, which is taken Court has recorded as follows:- “(1) Whether there is any other accused other than the petitioners, As per statement of Investigating Officer, there is no other accused other than the petitioners i.e. accused Jatinder Singh @ Billa, Amandeep Singh @ Haman and Jaspreet Kaur @ Jassi arrayed in this petition. (2) Whether there is any other complainant or affected/aggrieved party other than the respondents, arrayed in this petition? As per statement of I.O., there is no any other complainant or affected/ aggrieved party other than complainant Sukhdev Singh. (3) Whether any accused has been declared Proclaimed Offender? As per statement of I.O., no accused has been declared as proclaimed respectfully submitted that as per statements of parties, compromise has been arrived between them with their own free Will, voluntarily without any influence or coercion and is not the result of any fraud or misrepresentation and is the result of free Will of the parties. The compromise has been arrived between all the affected parties i.e all affected/injured/complainant and accused.” as costs with the n of receipt thereof shall be a condition precedent for recording of statements in the manner directed for The question, as regards the maintainability as also desirability of the ction 109 Pursuant to the aforesaid order, report dated 07.08.2025 from Judicial Magistrate Ist Class, Hoshiarpur has been received, which is taken “(1) Whether there is any other accused other than the petitioners, As per statement of Investigating Officer, there is no other accused other la, Amandeep Singh (2) Whether there is any other complainant or affected/aggrieved party lainant or affected/ (3) Whether any accused has been declared Proclaimed Offender? As per statement of I.O., no accused has been declared as proclaimed respectfully submitted that as per statements of parties, compromise has been arrived between them with their own free Will, voluntarily without any influence or coercion and is not the result of any l of the parties. The compromise has been arrived between all the affected parties i.e all AJAY KUMAR 2025.08.20 17:06 I attest to the accuracy and integrity of this document CRM-M- 4. having compromised and states that he has no objection all proceedings subsequent thereto against the petitioners are quashed. 5. the FIR is quashed based upon the compromise/agreement (Annexure P 6. gone through the records of the case. 7. with the issue of exercise of jurisdiction under Section 482 of the Code to quash proceeding in non vs. State of Punjab and another, 2012(10) SCC 30 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) decisions rendered by the Hon’ble Apex Court and this Court is : -38525-2025 (O&M) Learned counsel for respondent No.2 admits the fact of parties having compromised and states that he has no objection all proceedings subsequent thereto against the petitioners are quashed. Similarly, learned State counsel has stated no objection in case the FIR is quashed based upon the compromise/agreement (Annexure P 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 Code to quash proceeding in non-compoundable offences in the cases of vs. State of Punjab and another, 2012(10) SCC 30 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 and is unaffected by Section 320 of the Code. (b) However, wider the power grea (c) The underlining principle while exercising such power is can be invoked to quash the proceedings between the parties in the and predominantly of civil character li or arising out of matrimonial (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, dacoi offences are not private in nature and have a on society. 4 Learned counsel for respondent No.2 admits the fact of parties having compromised and states that he has no objection in case the FIR and all proceedings subsequent thereto against the petitioners are quashed. Similarly, learned State counsel has stated no objection in case the FIR is quashed based upon the compromise/agreement (Annexure P-2). rned 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 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 on of law that emerges from the aforesaid decisions rendered by the Hon’ble Apex Court and this Court is : Power u/s 482 Cr.P.C. vested with this Court is much wider unaffected by Section 320 of the Code. However, wider the power greater the caution. 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 predominantly of civil character like commercial transactions arising out of matrimonial relationship or family disputes. The said power is not to be exercised in the prosecutions 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 Learned counsel for respondent No.2 admits the fact of parties in case the FIR and Similarly, learned State counsel has stated no objection in case 2). rned 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 Gian Singh 3, 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 on of law that emerges from the aforesaid wider that it recognizing compromise matters which are overwhelmingly transactions The said power is not to be exercised in the prosecutions heinous and serious offences of mental such impact AJAY KUMAR 2025.08.20 17:06 I attest to the accuracy and integrity of this document CRM-M- as the statutory provision of Section 482 of Cr.P.C., 1973. Therefore, the above said principles of law would apply BNSS, 2023 as well. 8. this Court is of the considered opinion that it is a fit case to exercise jurisdiction vested u/s (i) (ii) (iii) (iv) (v) -38525-2025 (O&M) (e) Section 482 Cr.P.C. casts duty upon the High Court to advance interest of justice as well. It is in recognition of duty casted upon the High Court, th Court would not refuse to quash because FIR finds mention thereof. High Court can assess nature of injuries sustained, whether such injuries inflicted on parts of the body/nature of weapons (f) Such exercise at the hands of High Court would be only after the evidence is collected after chargesheet is filed/charges framed exercise cannot be carried out investigation. (g) While quashing FIR in non are of private in nature, High Court is required antecedents of the accused, conduct of the he was absconding or whether he complainant to enter into a 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 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 : Putting a quietus to the proceedings will bring peace and tranquility amongst parties & will accordingly further the cause of substantial justice. 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. Complainant/victim is reported to have entered into compromise on his own volition. 5 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 FIR under Section 307 merely mention thereof. High Court can assess nature of sustained, whether such injuries inflicted on vital/delicate ature of weapons used etc. Such exercise at the hands of High Court would be permissible only after the evidence is collected after investigationand chargesheet is filed/charges framed during the trial. Such cannot be carried out while the matter is still under While quashing FIR in non-compoundable offences even which of private in nature, High Court is required to consider antecedents of the accused, conduct of the accused and whether ing or whether he has managed the 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 Thus, keeping in view the aforesaid facts and circumstances, this Court is of the considered 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 The offences alleged are primarily of private nature. eceived the compromise is said to be voluntary in its Complainant/victim is reported to have entered into compromise on his Section 482 Cr.P.C. casts duty upon the High Court to this held that the High under Section 307 merely mention thereof. High Court can assess nature of vital/delicate permissible during the trial. Such hile the matter is still under which to consider accused and whether has managed the 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 to a petition under Section 528 of Thus, keeping in view the aforesaid facts and circumstances, this Court is of the considered 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 cause of substantial eceived the compromise is said to be voluntary in its Complainant/victim is reported to have entered into compromise on his AJAY KUMAR 2025.08.20 17:06 I attest to the accuracy and integrity of this document CRM-M- herein), is alleged to have inflict of the complainant the injury caused is alleged to be on the non life-threatening, this Court is inclined to affirmatively con petition, particularly in light of the compromise between the rival parties. 9. 07.06.2025 under Sections 109, 118(2), 61(2), 115(2), 126(2), 351(2), 3(5) of BNS Act, 2023, register Hoshiarpur and all consequential proceedings arising therefrom on the basis of compromise/affidavit (Annexure P petitioners. 10. August 20 Ajay -38525-2025 (O&M) Furthermore, the accused, Jatinder Singh (petitioner No. 1 herein), is alleged to have inflicted two sua (ice of the complainant but the same actually pierced through his elbow the injury caused is alleged to be on the non threatening, this Court is inclined to affirmatively con petition, particularly in light of the compromise between the rival parties. Consequently, the petition is allowed. FIR No.65 dated 07.06.2025 under Sections 109, 118(2), 61(2), 115(2), 126(2), 351(2), 3(5) of BNS Act, 2023, registered at Police Station Chabbewal, District Hoshiarpur and all consequential proceedings arising therefrom on the basis of compromise/affidavit (Annexure P- petitioners. Pending application(s), if any, shall also stand di 20, 2025 Whether speaking/reasoned: Whether reportable: 6 he accused, Jatinder Singh (petitioner No. 1 two sua (ice-picker) blows on the chest but the same actually pierced through his elbow. Since the injury caused is alleged to be on the non-vital part of the body and is not threatening, this Court is inclined to affirmatively consider the present petition, particularly in light of the compromise between the rival parties. Consequently, the petition is allowed. FIR No.65 dated 07.06.2025 under Sections 109, 118(2), 61(2), 115(2), 126(2), 351(2), 3(5) ed at Police Station Chabbewal, District Hoshiarpur and all consequential proceedings arising therefrom on the basis -2), are, hereby, quashed qua the Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE Yes/No Yes/No he accused, Jatinder Singh (petitioner No. 1 the chest Since vital part of the body and is not sider the present petition, particularly in light of the compromise between the rival parties. Consequently, the petition is allowed. FIR No.65 dated 07.06.2025 under Sections 109, 118(2), 61(2), 115(2), 126(2), 351(2), 3(5) ed at Police Station Chabbewal, District Hoshiarpur and all consequential proceedings arising therefrom on the basis 2), are, hereby, quashed qua the AJAY KUMAR 2025.08.20 17:06 I attest to the accuracy and integrity of this document