CRM-M No.497 IN THE 266 Harmesh Kumar State of Punjab CORAM : HON Present: Mr. Mr. Mr. for t Mr. Mr. for r *** NAMIT KUMA 1. The 528 of Bharatiya dated 11.01.2024 Police Station subsequent proce 22.07.2024 (Ann 2. Lear may be quashed a 3. Duri directed to record genuineness and 49791 of 2024 -1- THE HIGH COURT OF PUNJAB CHANDIGARH CRM-M Date of De umar and others Versus and others HON'BLE MR. JUSTICE NAMIT Mr. MPS Chahal, Advocate and Mr. Anurag Saharan, Advocate for Mr. I.S. Kooner, Advocate for the petitioners. Mr. Anup Singh, AAG, Punjab. Mr. Ravinder Singh, Advocate for respondent No.2 & 3. *** UMAR, J. (ORAL) The present petition has been filed b ratiya Nagarik Suraksha Sanhita, 2023 1.2024 registered under Sections 406, tion P.S. N.R.I., District Patiala t proceedings arising therefrom on th (Annexure P-2) executed between the Learned counsel for the parties hav ashed as the parties have amicably sett During the course of preliminary record the statements of all the concer ss and validity of the compromise by th JAB AND HARYANA AT ARH M No.49791 of 2024 e of Decision:22.01.2025 ... Petitioners ... Respondents AMIT KUMAR te for filed by the petitioner under Section a, 2023 for quashing of FIR No.0003 406, 420, 498-A and 120-B IPC at (Annexure P-1) and all other on the basis of compromise dated een the parties. ies have stated that the present FIR ly settled the dispute. inary hearing, the trial Court was concerned parties, with regard to the e by this Court. s ction 0003 at other ated FIR was o the PANKAJ KUMAR 2025.01.23 18:53 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.497 4. In c Judicial Magistra parties, in which there was no und behalf of the Stat 5. The State of Punjab Division Bench Haryana and compounding of proceedings of th case of involving 6. An Court in case Gia (Criminal) 543 under:- “57. sum crim inhe to a 320 statu guid justi case F.I.R their case of su and depr fittin offen 49791 of 2024 -2- In compliance thereof, report dat agistrate 1st Class, Patiala has been re which, it has been mentioned that th no undue influence or coercion from he State of Punjab is taken on record. The Hon'ble Full Bench of this Cou njab and another, 2007(3) RCR ( ench of this Court in case Sube Sin nd another, 2013(4) RCR (Cr ing of offence can be allowed ev s of the appeal against conviction pen olving non-compoundable offence. An identical question came to be Gian Singh Versus State of Punja ) 543. Having interpreted the relevan 57. The position that emerges from summarised thus: the power of th criminal proceeding or FIR or inherent jurisdiction is distinct and to a criminal court for compoundi 320 of the Code. Inherent power statutory limitation but it has to be guideline engrafted in such power justice or (ii) to prevent abuse of the cases power to quash the crimina F.I.R. may be exercised where the o their dispute would depend on the fa case and no category can be prescri of such power, the High Court must and gravity of the crime. Heinous a depravity or offences like murder, fittingly quashed even though the vi offender have settled the dispute. Su rt dated 25.11.2024 from learned een received, with statements of the that the compromise is genuine and from any side. Short reply filed on cord. is Court in case Kulwinder Singh vs. CR (Criminal) 1052 and Hon'ble e Singh and another vs. State of (Criminal) 102 observed that ed even after conviction, during on pending in Sessions Court and in to be decided by Hon'ble Supreme unjab and another, 2012(4) RCR relevant provisions, it was ruled as from the above discussion can be of the High Court in quashing a or complaint in exercise of its and different from the power given unding the offences under Section wer is of wide plenitude with no to be exercised in accord with the wer viz; (i) to secure the ends of f the process of any Court. In what inal proceeding or complaint or he offender and victim have settled he facts and circumstances of each escribed. However, before exercise must have due regard to the nature ous and serious offences of mental der, rape, dacoity, etc. cannot be e victim or victim's family and the e. Such offences are not private in rned f the and d on vs. n'ble of that uring nd in reme CR d as be a its ven ion no the of hat or led h ise ure tal be the in PANKAJ KUMAR 2025.01.23 18:53 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.497 natu com offen or t invo over diffe offen part matr wro have Cou the conv wou inju case victi wou with proc settl and crim ques its ju 7. The Narinder Singh (Criminal) 482. 8. The Narinder Singh (Criminal) 482. 8. Hav and the fact that and on that basis been filed for qu with the interven have decided to Hence, it would compromise the 49791 of 2024 -3- nature and have serious impact compromise between the victim an offences under special statutes like or the offences for any basis for q involving such offences. But overwhelmingly and pre-dominati different footing for the purposes offences arising from commercial partnership or such like transaction matrimony relating to dowry etc. or wrong is basically private or perso have resolved their entire dispute. I Court may quash criminal proceed the compromise between the offende conviction is remote and bleak and would put accused to great oppress injustice would be caused to him case despite full and complete settle victim. In other words, the High C would be unfair or contrary to the with the criminal proceeding or proceeding would tantamount to ab settlement and compromise betwee and whether to secure the ends of criminal case is put to an end an question(s) is in affirmative, the Hi its jurisdiction to quash the criminal The same view has been reiterated ngh and others Vs. State of Punja ) 482. Having regard to the contentions of t that both the parties to the litigation t basis, the present petition under Se for quashing the present FIR. The co tervention of the respectables and fa ed to keep harmony between them an would be in the interest of justice se the matter. Moreover, learned coun pact on society. Similarly, any m and offender in relation to the like Prevention of Corruption Act or quashing criminal proceedings ut the criminal cases having inatingly civil flavour stand on ses of quashing, particularly the rcial, financial, mercantile, civil, tions or the offences arising out of c. or the family disputes where the ersonnel in nature and the parties te. In this category of cases, High ceedings if in its view, because of fender and victim, the possibility of and continuation of criminal case ression and prejudice and extreme him by not quashing the criminal ettlement and compromise with the h Court must consider whether it the interest of justice to continue or continuation of the criminal to abuse of process of law despite tween the victim and wrongdoer s of justice, it is appropriate that d and if the answer to the above e High Court shall be well within inal proceeding.” iterated by the Apex Court in case unjab and another, 2014(2) RCR ons of learned counsel for the parties gation have entered into compromise der Section 528 of BNSS, 2023 has he compromise has been arrived at and family members and the parties em and to live peacefully in future. justice that parties are allowed to counsel for the parties are ad idem ny the Act ngs ing on the vil, t of e ties igh of of ase me nal the r it ue nal ite oer hat ove hin case CR rties mise has ed at rties ture. d to em PANKAJ KUMAR 2025.01.23 18:53 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.497 that, in view of petition deserves 9. In v the impugned FI 420, 498-A and (Annexure P-1) hereby quashed, January 22, 202 Pankaj* 49791 of 2024 -4- ew of the settlement of disputes bet serves to be accepted in this context. In view of above, the instant petiti FIR No.0003 dated 11.01.2024 A and 120-B IPC at Police Station 1) and all other consequential proc shed, on the basis of compromise, qua , 2025 Whether speaking/reasoned Whether reportable es between the parties, the present t petition is allowed. Consequently, registered under Sections 406, tation P.S. N.R.I., District Patiala oceedings arising therefrom are se, qua the petitioners only. (NAMIT KUMAR) JUDGE ned : Yes/No : Yes/No esent ntly, 406, tiala are PANKAJ KUMAR 2025.01.23 18:53 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh