AMRITPAL SINGH AND OTHERS v. STATE OF HARYANA AND ANOTHER
CRM-M/46456/2025 · 2025-09-25
Aman Chaudhary
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 93175 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 93175 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRM-M-46456 IN THE HIGH COURT OF PUNJAB & HARYANA AT
280
AMRITPAL SINGH AND OTHERS
STATE OF HARYANA
CORAM: HON
Present :
AMAN CHAUDHARY, J. (ORAL)
1.
quashing of FIR No.171 dated 01.06.2025, registered under Sections 406 and 420 IPC and Section 24 of the Immigration Act, at Police Station Ram Nagar, District Karnal, and all subsequent proceedings arising therefrom on the basis of the compromise.
2.
25.08.2025, directed the parties to appear before the trial Court/Illaqa Magistrate for
3.
been received from the
46456-2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM Date of decision
AMRITPAL SINGH AND OTHERS
Versus STATE OF HARYANA AND ANOTHER
CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY
Mr. Namit Khurana, Advocate, for the petitioners. Mr. Parmod Kumar, AAG, Haryana. Mr. Anmol Sharma, Advocate, for respondent No.2.
AMAN CHAUDHARY, J. (ORAL) This petition has been filed under Section 528 of BNSS, for quashing of FIR No.171 dated 01.06.2025, registered under Sections 406 and 420 IPC and Section 24 of the Immigration Act, at Police Station Nagar, District Karnal, and all subsequent proceedings arising therefrom on the basis of the compromise. 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 been received from the Judicial Magistrate Ist Class, Karnal
-1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-46456-2025 (O & M) Date of decision: 25.09.2025
....Petitioners
...Respondents BLE MR. JUSTICE AMAN CHAUDHARY
Advocate,
Mr. Parmod Kumar, AAG, Haryana. Mr. Anmol Sharma, Advocate,
This petition has been filed under Section 528 of BNSS, for quashing of FIR No.171 dated 01.06.2025, registered under Sections 406 and 420 IPC and Section 24 of the Immigration Act, at Police Station Nagar, District Karnal, and all subsequent proceedings arising This Court while issuing notice of motion vide order dated , directed the parties to appear before the trial Court/Illaqa recording their statements with regard to the compromise. Pursuant to the aforesaid order, report dated 16.09.2025 has Judicial Magistrate Ist Class, Karnal. A perusal of PARVEEN KUMAR 2025.09.26 16:41 I attest to the accuracy and integrity of this
order/judgment.
-2- CRM-M-46456-2025 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 and coercion. It is stated in the report that there are four accused. None of the accused has been declared as proclaimed offender and are not involved in any other FIR.
4.
Heard learned counsel for the parties and also gone through the case file.
5.
The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, held that High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution 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.
Hon'ble the 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 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 PARVEEN KUMAR 2025.09.26 16:41 I attest to the accuracy and integrity of this
order/judgment.
-3- CRM-M-46456-2025 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. XXX---XXX”
7.
In view of the afore-referred judgments, perusing the report of the trial Court regarding amicable settlement between the petitioner 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.
8.
Resultantly, the present petition is allowed and FIR No.171 dated 01.06.2025, registered under Sections 406 and 420 IPC and Section 24 of the Immigration Act, at Police Station Ram Nagar, District Karnal, and all other consequential proceedings arising therefrom are quashed qua the petitioners on the basis of the compromise dated 13.08.2025, Annexure P-2.
25.09.2025
(AMAN CHAUDHARY) parveen kumar
JUDGE
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No PARVEEN KUMAR 2025.09.26 16:41 I attest to the accuracy and integrity of this
order/judgment.