CRM-M No.524 IN THE 220 Devinder Singh a State of Punjab CORAM : HON Present: Mr. Mr. for t Mr. Mr. for r *** NAMIT KUMA 1. The Section 528 of FIR No.0026 da Police Station-W all other subsequ dated 30.09.2024 2. Vide Court has obser (Annexure P-2) 2024, petitioners No.2 and minor stands paid by w o.52492 of 2024 (O&M) -1- THE HIGH COURT OF PUNJAB CHANDIGARH CRM-M Date of De ingh and another Versus and another HON'BLE MR. JUSTICE NAMIT Mr. Harpreet S. Rakhra, Advocate Mr. Gurvinder Pal Singh, Advocate for the petitioners. Mr. Yuvraj Singh Tiwana, AAG, Pu Mr. Rohit Kapoor, Advocate for respondent No.2. *** UMAR, J. (ORAL) The present petition has been fil of the Bharatiya Nagrik Suraksha S dated 18.06.2017 under Section Women, Police Commissionerate, bsequent proceedings arising therefro 9.2024 (Annexure P-2) executed betwe Vide order dated 23.10.2024, while observed that as per the settlement 2) executed between the parties i ioners were required to pay a total su minor daughter, out of which first ins d by way of online RTGS transfer JAB AND HARYANA AT ARH M No.52492 of 2024 (O&M) e of Decision:14.02.2025 ... Petitioners ... Respondents AMIT KUMAR ocate G, Punjab. een filed by the petitioners under ksha Sanhita, 2023 for quashing of ctions 406, 498-A IPC registered at nerate, Amritsar (Annexure P-1) and erefrom on the basis of compromise between the parties. while issuing notice of motion, this lement/agreement dated 30.09.2024 rties in mediation case No.1666 of otal sum of Rs.57 lacs to respondent rst installment of Rs.18 lacs already nsfer dated 22.10.2024 in the bank s nder g of at ) and mise , this 2024 6 of dent eady bank PANKAJ KUMAR 2025.02.15 14:39 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.524 account of minor 2022. Copy of record. It was settlement/agreem installment of Rs 3. Lear may be quashed a 4. Duri directed to record genuineness and 5. In c Judicial Magistr District and Sess it has been menti influence or coe mentioned that p as per the terms o (respondent No.2 6. Tod summary of ICIC to which, an amo respondent No.2 petitioner No.1 i been paid to resp (Annexure P-2). o.52492 of 2024 (O&M) -2- minor daughter at the time of withdraw y of said online RTGS transfer dated It was further observed that in te /agreement dated 30.09.2024, pet t of Rs.18 lacs to respondent No.2. 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 In compliance thereof, report dat agistrate 1st Class, Amritsar has be d Sessions Judge, Amritsar, with state mentioned that the compromise is ge or coercion from any side. In the that petitioners have transferred the se terms of the settlement deed into the jo t No.2 herein) with her daughter name Today learned counsel appearing fo f ICICI bank account of petitioner No an amount of Rs.21 lacs has been tran t No.2 through RTGS today itself. Co No.1 is taken on record. Therefore, t to respondent No.2 as per the settlemen 2). ithdrawing connected CRR(F)-1247- dated 22.10.2024 was also taken on in terms of clause 9(d) of the petitioners shall pay second 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. rt dated 06.02.2025 from learned has been received through learned h statements of the parties, in which, e is genuine and there was no undue n the said report, it has also been the second installment of Rs.18 lacs the joint account of the complainant r namely Peehu Bhagat via RTGS. for the petitioners has furnished No.1 as on 14.02.2025, according n transferred in the bank account of lf. Copy of ICICI bank statement of fore, total amount of Rs.57 lacs has ttlement/agreement dated 30.09.2024 - n on the cond FIR was o the rned rned hich, ndue been lacs inant ished rding nt of of s has 2024 PANKAJ KUMAR 2025.02.15 14:39 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.524 7. The State of Punjab Division Bench Haryana and compounding of proceedings of th case of involving 8. 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 natu com offen or t invo over diffe offen part matr o.52492 of 2024 (O&M) -3- 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 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 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 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 vs. n'ble of that uring nd in reme CR d as be a its ven ion no the of hat or led ch ise ure tal be the in ny the Act ngs ing on the vil, t of the PANKAJ KUMAR 2025.02.15 14:39 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.524 wro have Cou the conv wou inju case victi wou with proc settl and crim ques its ju 9. The Narinder Singh (Criminal) 482. 10. Hav and the fact that and on that basi filed for quashin the intervention decided to keep h it would be in the matter. Moreove the settlement of be accepted in th 11. In v the impugned FI registered at Poli o.52492 of 2024 (O&M) -4- 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 asis, the present petition under Se uashing the present FIR. The compro ntion of the respectables and family keep harmony between them and to liv e in the interest of justice that parties a reover, learned counsel for the partie ent of disputes between the parties, th d in this context. In view of above, the instant petiti FIR No.0026 dated 18.06.2017 un Police Station-Women, Police Com 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 has been ompromise has been arrived at with amily members and the parties have to live peacefully in future. Hence, arties are allowed to compromise the parties are ad idem that, in view of ties, the present petition deserves to t petition is allowed. Consequently, 017 under Sections 406, 498-A IPC e Commissionerate, Amritsar and all ties igh of of ase me nal the r it ue nal ite oer hat ove hin case CR rties mise been with have ence, e the w of es to ntly, IPC d all PANKAJ KUMAR 2025.02.15 14:39 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh CRM-M No.524 other consequent basis of comprom February 14, 20 Pankaj* o.52492 of 2024 (O&M) -5- equential proceedings arising therefro mpromise, qua the petitioners only. , 2025 Whether speaking/reasoned Whether reportable erefrom are hereby quashed, on the (NAMIT KUMAR) JUDGE ned : Yes/No : Yes/No n the PANKAJ KUMAR 2025.02.15 14:39 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh