RAJ KUMAR & Ors. v. STATE OF PUNJAB & Ors.

CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU Mr. Mohit Kakkar, Advocate for the petitioners. Present: Mr. Mohit Kakkar, Advocate for the petitioners. Mr. Mohit Kakkar, Advocate for the petitioners. Mr. Hardeep Hans, AAG, Punjab. Mr. Hardeep Hans, AAG, Punjab. Mr. Manvender Chauhan, Advocate for respondents No.2 and 3. Mr. Manvender Chauhan, Advocate for respondents No.2 and 3. Mr. Manvender Chauhan, Advocate for respondents No.2 and 3. MANDEEP PANNU, J (ORAL) MANDEEP PANNU, J (ORAL)

1. This is a petition under Section 528 of BNSS for quashing of FIR This is a petition under Section 528 of BNSS for quashing of FIR This is a petition under Section 528 of BNSS for quashing of FIR This is a petition under Section 528 of BNSS for quashing of FIR No. 66, 66, 66,

12.08.2025 12.08.2025 12.08.2025 (Annexure (Annexure (Annexure 1), P-1), P P Sections Sections 333/115(2)/118(1)/351(2)/190/191 of BNS (Section 118(2) BNS, 2023 added 333/115(2)/118(1)/351(2)/190/191 of BNS (Section 118(2) BNS, 2023 added 333/115(2)/118(1)/351(2)/190/191 of BNS (Section 118(2) BNS, 2023 added 333/115(2)/118(1)/351(2)/190/191 of BNS (Section 118(2) BNS, 2023 added later on vide Rapat No. 18 dated 25.08.2025), registered at Police Station later on vide Rapat No. 18 dated 25.08.2025), registered at Police Station later on vide Rapat No. 18 dated 25.08.2025), registered at Police Station later on vide Rapat No. 18 dated 25.08.2025), registered at Police Station Talwandi Chaudharian, District Kapurthala, with all Talwandi Chaudharian, District Kapurthala, with all Talwandi Chaudharian, District Kapurthala, with all onsequential the consequential the c the c proceedings arising therefrom, on the basis of compromise dated 11.02.2026 proceedings arising therefrom, on the basis of compromise dated 11.02.2026 proceedings arising therefrom, on the basis of compromise dated 11.02.2026 proceedings arising therefrom, on the basis of compromise dated 11.02.2026 (Annexure P-2).

2. During the pendency of the dispute, the parties have compromised During the pendency of the dispute, the parties have compromised During the pendency of the dispute, the parties have compromised During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of FIR. the matter and filed the present petition for quashing of FIR. the matter and filed the present petition for quashing of FIR.

3. ed 17.02.2026, parties were directed to appear before Vide order dated 17.02.2026, parties were directed to appear before ed 17.02.2026, parties were directed to appear before Vide order dat the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for. compromise was called for.

4. The report dated 09.03.2026 has been received from Judicial The report dated 09.03.2026 has been received from Judicial The report dated 09.03.2026 has been received from Judicial The report dated 09.03.2026 has been received from Judicial Magistrate 1st Class, Sulta npur Lodhi, stating that the parties have entered into a Class, Sultanpur Lodhi, stating that the parties have entered into a HIMANSHU 2026.03.13 17:47 I attest to the accuracy and integrity of this document CRM-M-9035-2026 (O&M) -2- compromise, which is genuine, voluntary and without any coercion or undue influence.

5. Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:- “29. The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings noncompoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice.

30. The power under Section 482 of the Cr.P.C. is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined para-meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 of the Cr.P.C. has no limits. However, the High Court will exercise it sparingly and with utmost care and caution. The exercise of power has to be with circumspection and restraint. The Court is a vital and an extra-ordinary effective instrument to maintain and control social order. The Courts play role of paramount importance in achieving peace, harmony and ever- lasting congeniality in society. Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a Court which should endeavour to givefull effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery.” HIMANSHU 2026.03.13 17:47 I attest to the accuracy and integrity of this document CRM-M-9035-2026 (O&M) -3-

6. The legal principles as laid down for quashing of the judgment were also approved by the Hon'ble Supreme Court in the matter of 'Gian Singh Versus State of Punjab and another,(2012) 10 SCC 303'.

7. It is evident that in view of the amicable resolution of the issues amongst the parties, no useful purpose would be served by continuation of the proceedings. The furtherance of the proceedings is likely to be a waste of judicial time and there appears to be no chance of conviction.

8. In view of above, FIR No. 66, dated 12.08.2025 (Annexure P-1), under Sections 333/115(2)/118(1)/351(2)/190/191 of BNS (Section 118(2) BNS, 2023 added later on vide Rapat No. 18 dated 25.08.2025), registered at Police Station Talwandi Chaudharian, District Kapurthala, with all the consequential proceedings arising therefrom, is quashed qua the petitioners, on the basis of compromise dated 11.02.2026 (Annexure P-2).

9. The present petition is hereby allowed. (MANDEEP PANNU) JUDGE

13.03.2026 himanshu Whether speaking/reasoned Yes/No Whether reportable Yes/No HIMANSHU 2026.03.13 17:47 I attest to the accuracy and integrity of this document