CRM-M-47358-2024 (O&M) 124 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-47358-2024 (O&M) Date of decision : 02.04.2025 Bharat Chandra and another ... Petitioners Versus State of Punjab and another ...Respondents CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present: Ms. Janya Sirohi, Advocate for Mr. Kunwar Rajan, Advocate for the petitioners. Mr. Kunwarbir Singh, AAG, Punjab. Mr. Yadwinder Singh, Advocate, for the respondent No.2. MAHABIR SINGH SINDHU, J. Present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) praying for quashing of FIR No.350 dated 01.12.2023 (P-1), under Sections 120-B, 406, 420 of Indian Penal Code, 1860 (for short IPC), registered at Police Station City Kharar, District SAS Nagar, Mohali, along with all subsequent proceedings arising therefrom qua the petitioners on the basis of compromise dated 12.03.2024 (P-2), entered into between the parties i.e. petitioners as well as respondent No.2. 2. Allegations are that the petitioners in criminal conspiracy with each other cheated complainant by selling property which was not in their names and also committed criminal breach of trust by receiving an amount of Rs.3,70,000/- as earnest money dishonestly and fraudulently. 3. Contends that matter has been amicably settled between the parties, i.e. petitioners as well as respondent No.2; hence FIR in question as well as subsequent proceedings deserve to be quashed. -1- HARISH KUMAR 2025.04.04 08:47 I attest to the accuracy and integrity of this document CRM-M-47358-2024 (O&M) 4. Learned counsel for respondent No.2 has also acknowledged the contention raised on behalf of the petitioners. 5. Still further, learned State Counsel, on instructions from the police officer concerned, is not averse in case the above FIR along with subsequent proceedings are quashed and set aside on the basis of the compromise entered into between the parties. 6. Heard learned counsel for the parties and perused the paper- book. 7. A Co-ordinate Bench, while issuing notice of motion on 23.09.2024, passed the following order:- “ The petitioners have approached this Court seeking quashing of FIR (Annexure P-1) and all subsequent proceedings emanating therefrom on the basis of compromise having been effected between the parties. Notice of motion. At this stage, Mr. Yadwinder Singh, Advocate, has put in appearance on behalf of respondent No. 2 and has filed power of attorney, which is taken on record. The parties are directed to move an application before the trial Court/Illaqa Magistrate concerned for getting their statements recorded qua the factum of compromise. As and when any such application is moved and put up before the trial Court/Illaqa Magistrate, the trial Court/Illaqa Magistrate shall consider the said application and do the needful for recording the statements of the parties qua the factum of the compromise, on any convenient date. After recording the statements of all the affected parties, and upon getting requisite information from Investigating Officer, the trial Court/Illaqa Magistrate shall submit its report on the basis of the statements so recorded, broadly on the following aspects:- -2- HARISH KUMAR 2025.04.04 08:47 I attest to the accuracy and integrity of this document CRM-M-47358-2024 (O&M) (i). Whether there is any other accused other than the petitioners, arrayed in this petition? (ii). Whether there is any other complainant or affected/aggrieved party other than the respondents, arrayed in the petition? (iii). Whether any accused has been declared Proclaimed Offender? (iv). 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 report be submitted before this Court on or before the next date.” 8. In terms of aforesaid order, statements of both the parties were recorded and a report dated 20.02.2025 has been received from learned Sub Divisional Judicial Magistrate, Kharar. For reference, the operative part of report reads as under:- “ It is, accordingly, submitted that there is no other accused other than the petitioners arrayed in this petition. That there is no other complainant or affected/aggrieved party other than the respondent Suman Sinha arrayed in the petition. That no accused has been declared proclaimed offender. That the compromise is a valid compromise and has been effected without any kind of influence or coercion.” A perusal of the aforesaid extract clearly reveals that matter has been compromised by both sides with their free consent, voluntarily and without any coercion or undue influence. Even before this Court also, there is no objection by either side against each other. 9. Hon’ble the Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303, has held as under:- “61. The position that emerges from the above discussion can be summarised thus : the power of the High Court in quashing a criminal -3- HARISH KUMAR 2025.04.04 08:47 I attest to the accuracy and integrity of this document CRM-M-47358-2024 (O&M) 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 the process of any court. In what cases power to quash the criminal proceeding or complaint or FIR may be exercised where the offender and the victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have a serious impact on society. Similarly, any compromise between the victim and the offender in relation to the offences under special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, etc.; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and predominatingly civil flavour stand on a different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, the High Court may quash the criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that the criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.” -4- HARISH KUMAR 2025.04.04 08:47 I attest to the accuracy and integrity of this document CRM-M-47358-2024 (O&M) 10. In view of above, this Court is fully convinced that the offence is entirely personal in nature and does not involve public funds. Thus, quashing of the FIR in question along with consequential proceedings, on the basis of compromise would bring peace and harmony to secure the ends of justice. 11. Consequently, present petition is allowed; aforesaid FIR along with all subsequent proceedings resulting therefrom are quashed qua the petitioners. Pending application(s), if any, shall also stand disposed off. 02.04.2025 (MAHABIR SINGH SINDHU) Harish Kumar JUDGE Whether speaking/ reasoned : Yes / N o Whether reportable : Yes / N o -5- HARISH KUMAR 2025.04.04 08:47 I attest to the accuracy and integrity of this document