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2025 DAILYLAW 81749 (PNJ)

AMAN v. STATE OF UT CHANDIGARH AND ANOTHER

CRM-M/39379/2025 · 2025-08-13

Kirti Singh

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 248 AMAN STATE OF UT CHANDIGARH AND ANOTEHR CORAM: HON’BLE M Present : Mr Mr. Ganesh Kumar Sharma, Additional Public Prosecutor, U.T., Chandigarh. Mr. Shrenik Jain, 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. 22.06.2023, under Sections Police Station Chandigarh therefrom on the basis of the compromise dated and affidavit dated 10.07.2025 (Annexure P 2. Heard learned counsel for the parties and also gone through the case file. 3. This Court while issuing n 24.07.2025, 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 received from the Judicial Magistrate 1st Class, said report reveals that statements of the concerned persons have been recorded IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: Versus STATE OF UT CHANDIGARH AND ANOTEHR HON’BLE MS. JUSTICE KIRTI SINGH Mr. Rohit Jindal, Advocate for the petitioner. Mr. Ganesh Kumar Sharma, Additional Public Prosecutor, U.T., Chandigarh. Mr. Shrenik Jain, 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. , under Sections 406, 498-A of IPC Police Station Chandigarh and all other consequen therefrom on the basis of the compromise dated and affidavit dated 10.07.2025 (Annexure P-3). Heard learned counsel for the parties and also gone through the This Court while issuing notice of motion vide order dated , 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 ed from the Judicial Magistrate 1st Class, said report reveals that statements of the concerned persons have been recorded IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.39379 of 2025 Date of decision: 13.08.2025 …. Petitioner STATE OF UT CHANDIGARH AND ANOTEHR …. Respondents KIRTI SINGH , Advocate for the petitioner. Mr. Ganesh Kumar Sharma, Additional Public Prosecutor, Mr. Shrenik Jain, 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. 33 dated A of IPC, registered at Women Cell and all other consequential proceedings arising therefrom on the basis of the compromise dated 20.05.2025 (Annexure P-2) . Heard learned counsel for the parties and also gone through the otice of motion vide order dated , 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 04.08.2025 has been ed from the Judicial Magistrate 1st Class, Chandigarh. A perusal of the said report reveals that statements of the concerned persons have been recorded The present petition has been filed under Section 528 of the dated at Women Cell tial proceedings arising ) Heard learned counsel for the parties and also gone through the otice of motion vide order dated , directed the parties to appear before the trial Court/Illaqa has been . A perusal of the said report reveals that statements of the concerned persons have been recorded Jyoti 2025.08.13 18:03 I attest to the accuracy and integrity of this document CRM in the present case, who have stated that the matter has been settled between them and they have no obje compromise effected between them is genuine, without any undue influence and coercion. 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 justice. This power of quashing is not 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 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 compounding the offences under Section 320 of the Code. but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of j the process of any Court. xxx xxx xxx. ” 7. In view of the afore CRM-M No.39379 of 2025 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 The Full Bench of this Court in Kulwinder Singh and others vs. 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 rwise 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 rder 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 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 j the process of any Court. xxx xxx xxx. ” In view of the afore-referred judgments and after perusing the M No.39379 of 2025 -2- in the present case, who have stated that the matter has been settled between ction 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 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 rwise to secure the ends 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 rder 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 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 abuse of referred judgments and after perusing the in the present case, who have stated that the matter has been settled between ction in case the FIR in question is quashed. The compromise effected between them is genuine, without any undue influence Kulwinder Singh and others vs. 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 rwise to secure the ends of justice. This power of quashing is not Gian Singh vs. , had observed that rder 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 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 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 ustice or (ii) to prevent abuse of referred judgments and after perusing the Jyoti 2025.08.13 18:03 I attest to the accuracy and integrity of this document CRM report of the trial Court regarding amicable settlement between the petitioner(s) and the complainant, this 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 o the criminal proceedings in the present case deserve to be quashed. 8. Resultantly, the present petition is allowed and 22.06.2023, under Sections 406, 498 Police Station Chandigarh qua the petitioner(s) on the basis of the compromise (Annexure P-2) and affidavit dated 10.07.2025 (Annexure P payment of Rs. 20,000/ Welfare Fund, PGIMER, Chandigarh within a period of one month. 9. Pending miscellaneous application(s), if any, also stands disposed of. 13.08.2025 Jyoti-IV CRM-M No.39379 of 2025 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 22.06.2023, under Sections 406, 498-A of IPC, registered at Women Cell tion Chandigarh and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise 2) and affidavit dated 10.07.2025 (Annexure P payment of Rs. 20,000/- to be 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.39379 of 2025 -3- report of the trial Court regarding amicable settlement between the petitioner(s) 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 rder to secure the ends of justice, the criminal proceedings in the present case deserve to be quashed. Resultantly, the present petition is allowed and FIR No. 33 dated A of IPC, registered at Women Cell and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise dated 20.05.2025 2) and affidavit dated 10.07.2025 (Annexure P-3), subject to e 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 ) JUDGE Yes/No. Yes/No report of the trial Court regarding amicable settlement between the petitioner(s) 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 rder to secure the ends of justice, FIR No. 33 dated A of IPC, registered at Women Cell and all other consequential proceedings are quashed dated 20.05.2025 , subject to e petitioner(s) in the Poor Patient Jyoti 2025.08.13 18:03 I attest to the accuracy and integrity of this document