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2025 DAILYLAW 83026 (PNJ)

SUKHDEV SINGH AND OTHERS v. STATE OF PUNJAB AND ORS.

CRM-M/40034/2025 · 2025-08-13

Kirti Singh

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 251 SUKHDEV SINGH AND OTHERS STATE OF PUNJAB CORAM: HON’BLE M Present : Mr Mr. Luvinder Sofat, Sr. D.A.G., Punjab. Mr. Manpreet Singh, Advocate for respondents No.2 and 3. KIRTI SINGH 1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 05.06.2025, under Sections at Police Station proceedings arising therefrom on the basis of the compromise dated 09.06.2025 (Annexure P 2. Heard learned counsel for the parties and also gone through the case file. 3. This Court while issuing notice of motio 28.07.2025, 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 Ju IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M Date of decision: SUKHDEV SINGH AND OTHERS Versus STATE OF PUNJAB AND OTHERS HON’BLE MS. JUSTICE KIRTI Mr. Arnav Sood, Advocate for the petitioner Mr. Luvinder Sofat, Sr. D.A.G., Punjab. Mr. Manpreet Singh, Advocate for respondents No.2 and 3. **** 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 74, 333, 351(2), 115(2) and 3(5) of BNS at Police Station Chabbewal, District Hoshiarpur proceedings arising therefrom on the basis of the compromise dated 09.06.2025 (Annexure P- 2). Heard learned counsel for the parties and also gone through the This Court while issuing notice of motio , 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 received from the Judicial Magistrate 1st Class, IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH M No.40034 of 2025 Date of decision: 13.08.2025 …. Petitioners …. Respondents KIRTI SINGH Advocate for the petitioners. Mr. Luvinder Sofat, Sr. D.A.G., Punjab. Mr. Manpreet Singh, Advocate for respondents No.2 and 3. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing of FIR No. 63 dated 74, 333, 351(2), 115(2) and 3(5) of BNS, registered hiarpur and all other consequential proceedings arising therefrom on the basis of the compromise dated 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 11.08.2025 has been dicial Magistrate 1st Class, Hoshiarpur. A perusal of the The present petition has been filed under Section 528 of the dated , registered and all other consequential proceedings arising therefrom on the basis of the compromise dated Heard learned counsel for the parties and also gone through the n vide order dated , directed the parties to appear before the trial Court/Illaqa has been . A perusal of the Jyoti 2025.08.13 18:03 I attest to the accuracy and integrity of this document CRM 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 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 “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 give 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 the process of any Court. CRM-M No.40034 of 2025 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 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 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 give 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 the process of any Court. M No.40034 of 2025 -2- 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 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 otherwise 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 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 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 of justice or (ii) to prevent abuse of 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 the FIR in question is quashed. The compromise effected between them is genuine, without any undue influence Kulwinder Singh and others vs. held 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 otherwise to secure the ends of justice. This power of quashing is not Gian Singh vs. , had observed that 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 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 n to 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 of justice or (ii) to prevent abuse of Jyoti 2025.08.13 18:03 I attest to the accuracy and integrity of this document CRM xxx xxx xxx. ” 7. ” 7. In view of the afore report of the trial Court regarding amicable settlement between the petitioner(s) and the complainant, th 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 i the criminal proceedings in the present case deserve to be quashed. 8. Resultantly, the present petition is allowed and 05.06.2025, under Sections 74, 333, 351(2), 115(2) and 3(5) of BNS, registered at Police Station Chabbewal, District Hoshiarpur proceedings are quashed qua the petitioner(s) on the basis of the compromise dated 09.06.2025 (Annexure P deposited by the petitioner 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.40034 of 2025 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 to secure the ends of justice, the criminal proceedings in the present case deserve to be quashed. Resultantly, the present petition is allowed and 05.06.2025, under Sections 74, 333, 351(2), 115(2) and 3(5) of BNS, registered at Police Station Chabbewal, District Hoshiarpur proceedings are quashed qua the petitioner(s) on the basis of the compromise 09.06.2025 (Annexure P-2), subject to payment of Rs. 20,000/ 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.40034 of 2025 -3- referred judgments and after perusing the report of the trial Court regarding amicable settlement between the petitioner(s) is 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 n 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. 63 dated 05.06.2025, under Sections 74, 333, 351(2), 115(2) and 3(5) of BNS, registered at Police Station Chabbewal, District Hoshiarpur and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise ), subject to payment of Rs. 20,000/- to be (s) in the Poor Patient Welfare Fund, PGIMER, Pending miscellaneous application(s), if any, also stands disposed of. KIRTI SINGH ) JUDGE Yes/No. Yes/No referred judgments and after perusing the report of the trial Court regarding amicable settlement between the petitioner(s) is 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 n order to secure the ends of justice, 63 dated 05.06.2025, under Sections 74, 333, 351(2), 115(2) and 3(5) of BNS, registered and all other consequential proceedings are quashed qua the petitioner(s) on the basis of the compromise to be (s) in the Poor Patient Welfare Fund, PGIMER, Jyoti 2025.08.13 18:03 I attest to the accuracy and integrity of this document