CRM-M-19704-2026 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 150 CRM-M-19704-2026 LAKHWINDER SINGH THIND ....PETITIONERS V/s STATE OF HARYANA AND ANOTHER ....RESPONDENTS Date of decision: 27.07.2026 Date of Uploading:27.07.2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Amandeep Singh Rai, Advocate for the petitioner. Mr. Gurmeet Singh, AAG, Haryana. Ms. Sunaina Rani, Advocate for respondent No.2. ***** SUMEET GOEL , J. ORAL 1. The present petition has been filed under Section 528 of BNSS, 2023 for quashing of FIR No.459 dated 23.10.2024 under Sections 406 and 420 of IPC, registered at Police Station Nissing, District Karnal and all consequential proceedings arising therefrom on the basis of compromise dated 16.01.2026 (Annexure P-2), which is stated to have been effected between the parties. 2 On 20.04.2026, the following order was passed: “This petition has been filed under Section 528 of BNSS, 2023 for quashing of FIR No.459 dated 23.10.2024, under Sections 406 and 420 IPC, registered at Police Station Nissing, District Karnal (Annexure P-1) along with all subsequent proceedings arising therefrom, on the basis of compromise dated 16.01.2026 (Annexure P-2) arrived at between the parties. JATIN 2026.07.27 18:16 I attest to the accuracy and integrity of this document CRM-M-19704-2026 2 Learned counsel for the petitioner contends that both the parties have settled their differences amicably and effected a compromise, which is annexed as Annexure P-2. Notice of motion. Mr.Aditya Pal Singla, AAG, Haryana, accepts notice on behalf of respondent No.1-State and Ms. Sunaina Rani, Advocate has appeared on behalf of respondent No.2 and filed vakalatnama. The same is taken on record. Learned counsel for respondent No.2 has admitted the factum of compromise effected between the parties. The parties and Investigating Officer are directed to appear before the Illaqa Magistrate/trial Court on the date fixed before it or any other date as per its convenience or on request of the parties for getting their statements recorded with regard to the compromise but not later than 25.05.2026. The Illaqa Magistrate/trial Court shall submit the report on or before the next date of hearing fixed by this Court. The report be forwarded to this Court specifying the following:- 1. The number of accused arraigned in the FIR and how many have appeared before it and have made statements and whether any accused is absconding/proclaimed persons, in the case; 2. The name of the complainant and injured/aggrieved and whether all of them have appeared and made their statements in support of the compromise; 3. The stage of trial/proceedings pending; 4. If the compromise is genuine, voluntary and out of free will of the parties. 5. Whether any other criminal case pending against the accused and 6. Whether any accused is yet to be arrested. Report of Illaqa Magistrate/ Trial Court be awaited for 24.07.2026.” 3. Pursuant to the aforesaid order, report dated 21.05.2026 from Judicial Magistrate, Ist Class, Karnal, has been received, which is taken on record. As per the report, the Trial Court has recorded as follows:- “1) As per statement of investigating officer and perusal of challan, the total number of accused arrayed in the FIR are three i.e. Lakhwinder Singh Thind, Bhajan Kaur and Baljit Kaur and they have been arrayed as party in the compromise. The accused persons have not been declared proclaimed person in this case or any other case; 2.) As per statement of investigating officer, the complaint was filed by the complainant Satnam Singh who is the only victim in this case. There is only one complainant/victim in the present case who has appeared before the Court and got recorded his statement. 3) The case is pending at the stage of appearance of accused on notice JATIN 2026.07.27 18:16 I attest to the accuracy and integrity of this document CRM-M-19704-2026 3 4) As per the statement of both the parties and after questioning thêm, the undersigned is of a view that the compromise affected between the parties is genuine, voluntary, result of freewill of the parties and without any coercion or undue influence. 5) As per statement of investigating officer, the accused persons are not involved in any other FIR/case. 6) As per statement of investigating officer, there is no other accused yet to be arrested in this case. ” 4. Learned counsel for respondent No.2 admits the factum of parties having compromised and states that she has no objection in case the FIR and all proceedings subsequent thereto against the petitioner is quashed. 5. Similarly, learned State counsel has stated no objection in case the FIR is quashed based upon the compromise (Annexure P-2). 6. I have heard learned Counsel for the parties and have carefully gone through the records of the case. 7. This Court and the Hon’ble Apex Court has repeatedly dealt with the issue of exercise of jurisdiction under Section 482 of the Code to quash proceeding in non-compoundable offences in the cases of Gian Singh vs. State of Punjab and another, 2012(10) SCC 303, Kulwinder Singh & others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 and Ram Gopal and another vs. State of Madhya Pradesh, 2021(4) R.C.R. (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of September, 2021). The proposition of law that emerges from the aforesaid decisions rendered by the Hon’ble Apex Court and this Court is : (a) Power u/s 482 Cr.P.C. vested with this Court is much wider and is unaffected by Section 320 of the Code. (b) However, wider the power greater the caution. (c) The underlining principle while exercising such power is that it can be invoked to quash the proceedings recognizing compromise JATIN 2026.07.27 18:16 I attest to the accuracy and integrity of this document CRM-M-19704-2026 4 between the parties in the matters which are overwhelmingly and predominantly of civil character like commercial transactions or arising out of matrimonial relationship or family disputes. (d) The said power is not to be exercised in the prosecutions involving heinous and serious offences of mental depravity or offences like murder, rape, dacoity etc. as such offences are not private in nature and have a serious impact on society. (e) Section 482 Cr.P.C. casts duty upon the High Court to advance interest of justice as well. It is in recognition of this duty casted upon the High Court, that Apex Court held that the High Court would not refuse to quash FIR under Section 307 merely because FIR finds mention thereof. High Court can assess nature of injuries sustained, whether such injuries inflicted on vital/delicate parts of the body/nature of weapons used etc. (f) Such exercise at the hands of High Court would be permissible only after the evidence is collected after investigation and chargesheet is filed/charges framed during the trial. Such exercise cannot be carried out while the matter is still under investigation. (g) While quashing FIR in non-compoundable offences even which are of private in nature, High Court is required to consider antecedents of the accused, conduct of the accused and whether he was absconding or whether he has managed the complainant to enter into a compromise. The statutory provision of Section 528 of BNSS, 2023 is same as the statutory provision of Section 482 of Cr.P.C., 1973. Therefore, the above said principles of law would apply to a petition under Section 528 of BNSS, 2023 as well. 8. Thus, keeping in view the aforesaid facts and circumstances, this Court is of the considered opinion that it is a fit case to exercise jurisdiction vested u/s 528 of BNSS, 2023 to quash the FIR as :- (i) Putting a quietus to the proceedings will bring peace and tranquility amongst parties & will accordingly further the cause of substantial justice. JATIN 2026.07.27 18:16 I attest to the accuracy and integrity of this document CRM-M-19704-2026 5 (ii) The offences alleged are primarily of private nature. (iii) The parties have compromised. (iv) As per the report received the compromise is said to be voluntary in its nature. (v) Complainant/victim is reported to have entered into compromise on his own volition 9. Consequently, the petition is allowed. FIR No.459 dated 23.10.2024 under Sections 406 and 420 of IPC, registered at Police Station Nissing, District Karnal and all consequential proceedings arising therefrom on the basis of compromise dated 16.01.2026 (Annexure P-2), are, hereby, quashed. 10. Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE 27.07.2026 jatin Whether speaking/reasoned: Yes/No Whether reportable: Yes/No JATIN 2026.07.27 18:16 I attest to the accuracy and integrity of this document