VIKASH AND ANOTHER v. STATE OF HARYANA AND ANOTHER
CRM-M/39102/2025 · 2025-08-13
Kirti Singh
body2025
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[ 2025 DAILYLAW 82350 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82350 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA
247
VIKASH AND ANOTHER
STATE OF HARYA
CORAM: HON’BLE M
Present : Mr
Mr. Brijesh Sharma, AAG, Haryana. Mr.Sushil Saini, Advocate for
Mr. Mohit, Advocate for respondent No.2. KIRTI SINGH
1. The present petition has Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 29 dated 01.02.2025, under Sections 308(2 BNS added later on), registered at Police Station Sector Gurugram and all other consequential proceedings arising therefrom on the basis of the compromise dated 08.07.2025 (Annexure P
2. Heard learned counsel for the parties and also gone through the case file. 3. This Court while issuing notice of 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 11.08.2025 has been
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M Date of decision:
VIKASH AND ANOTHER
Versus STATE OF HARYANA AND ANOTEHR HON’BLE MS. JUSTICE KIRTI Mr. Vikrant Rana, Advocate for the Mr. Brijesh Sharma, AAG, Haryana. Mr.Sushil Saini, Advocate for Mr. Mohit, 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. 29 dated 01.02.2025, under Sections 308(2), 351(2) and 78 of BNS (Section 3(5) of BNS added later on), registered at Police Station Sector Gurugram and all other consequential proceedings arising therefrom on the basis of the compromise dated 08.07.2025 (Annexure P Heard learned counsel for the parties and also gone through the This Court while issuing notice of 24.07.2025, 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 11.08.2025 has been IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.39102 of 2025 Date of decision: 13.08.2025
…. Petitioners NA AND ANOTEHR …. Respondents KIRTI SINGH
, Advocate for the petitioners. Mr. Brijesh Sharma, AAG, Haryana. Mr. Mohit, Advocate for respondent No.2. been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 29 dated , 351(2) and 78 of BNS (Section 3(5) of BNS added later on), registered at Police Station Sector-5, Gurgaon, District Gurugram and all other consequential proceedings arising therefrom on the basis of the compromise dated 08.07.2025 (Annexure P-2).
Heard learned counsel for the parties and also gone through the This Court while issuing notice of motion vide order dated 24.07.2025, 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 11.08.2025 has been
been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 29 dated , 351(2) and 78 of BNS (Section 3(5) of trict Gurugram and all other consequential proceedings arising therefrom on the Heard learned counsel for the parties and also gone through the motion vide order dated 24.07.2025, directed the parties to appear before the trial Court/Illaqa Pursuant to the aforesaid order, report dated 11.08.2025 has been Jyoti 2025.08.13 18:03 I attest to the accuracy and integrity of this document
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received from said report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between them and they have no objection in c 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 s 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 a c compounding the offences under Section 320 of the Code. but it has to be exercised in accord with the guideline engrafted in such
CRM-M No.39102 of 2025 received from the Judicial Magistrate 1st Class, Gurugarm. A perusal of the said report reveals that statements of the concerned persons have been recorded 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 law or otherwise 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 cure 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 a c 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
M No.39102 of 2025 -2- the Judicial Magistrate 1st Class, Gurugarm. A perusal of the said report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between ase 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 ecure 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 cure 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 the Judicial Magistrate 1st Class, Gurugarm.
A perusal of the said report reveals that statements of the concerned persons have been recorded in the present case, who have stated that the matter has been settled between ase the FIR in question is quashed. The compromise effected between them is genuine, without any undue influence Kulwinder Singh and others vs. 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 ecure the ends of justice. This power of quashing is not Gian Singh vs. , had observed that cure 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 riminal 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 Jyoti 2025.08.13 18:03 I attest to the accuracy and integrity of this document
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power viz; (i) to secure the ends of just the process of any Court. xxx xxx xxx. ”
7. In view of the afore report of the trial Court regarding amicable settlement between the petitioner(s) and the complainant, this Court 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 the criminal proceedings in the present case deserve to be quashed. 8. Resultantly, the present petition is allowed and 01.02.2025, under Sections 308(2) BNS added later on), registered at Police Station Sector Gurugram and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise dated 08.07.2025 (Annexure P subject to payment of Rs. 20,000/ Poor Patient 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.39102 of 2025 power viz; (i) to secure the ends of just the process of any Court. xxx xxx xxx. ” In view of the afore-referred judgments and after perusing the 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 the criminal proceedings in the present case deserve to be quashed. Resultantly, the present petition is allowed and 1.02.2025, under Sections 308(2), 351(2) and 78 of BNS (Section 3(5) of ater on), registered at Police Station Sector and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise dated 08.07.2025 (Annexure P subject to 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 Pending miscellaneous application(s), if any, also stands disposed of. (KIRTI SINGH
Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No
M No.39102 of 2025 -3- power viz; (i) to secure the ends of justice or (ii) to prevent abuse of referred judgments and after perusing the report of the trial Court regarding amicable settlement between the petitioner(s) 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 FIR No. .
29 dated , 351(2) and 78 of BNS (Section 3(5) of ater on), registered at Police Station Sector-5, Gurgaon, District and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise dated 08.07.2025 (Annexure P-2), eposited by the petitioner(s) in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one Pending miscellaneous application(s), if any, also stands disposed of. KIRTI SINGH )
JUDGE Yes/No. Yes/No ice or (ii) to prevent abuse of referred judgments and after perusing the report of the trial Court regarding amicable settlement between the petitioner(s) 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 to secure the ends of justice, FIR No. . 29 dated , 351(2) and 78 of BNS (Section 3(5) of 5, Gurgaon, District and all other consequential proceedings are quashed qua the 2), eposited by the petitioner(s) in the Poor Patient Welfare Fund, PGIMER, Chandigarh within a period of one
Jyoti 2025.08.13 18:03 I attest to the accuracy and integrity of this document