SUKHWINDER LAL @ RINKU v. STATE OF PUNJAB & Anr.

MANDEEP PANNU CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU CORAM: HON'BLE MS. JUSTICE Present: Mr. Advocate for the petitioner (through V.C.). Mr. Kartik Gupta, Advocate for the petitioner (through V.C.). Mr. Sahil Chowdhary, AAG, Punjab. Mr. Sahil Chowdhary, AAG, Punjab Mr. Sahil Chowdhary, AAG, Punjab Mr. Vikas Kumar Sharma, Advocate for respondent No.2. Mr. Vikas Kumar Sharma, Advocate for respondent No.2. Mr. Vikas Kumar Sharma, Advocate for respondent No.2. MANDEEP PANNU, J (ORAL) MANDEEP PANNU, J (ORAL) 2026 CRM-16813-2026 The present application has been filed under Section 528 of BNSS, The present application has been filed under Section 528 of BNSS, The present application has been filed under Section 528 of BNSS, The present application has been filed under Section 528 of BNSS, 2023 for adding the offence under Section 201 IPC, 1867 added later on vide 2023 for adding the offence under Section 201 IPC, 1867 added later on vide 2023 for adding the offence under Section 201 IPC, 1867 added later on vide 2023 for adding the offence under Section 201 IPC, 1867 added later on vide DDR No.28 dated 16.02.2024 in the prayer clause as well as head note of the DDR No.28 dated 16.02.2024 in the prayer clause as well as head note of the DDR No.28 dated 16.02.2024 in the prayer clause as well as head note of the DDR No.28 dated 16.02.2024 in the prayer clause as well as head note of the main petition filed by the petitioner. main petition filed by the petitioner. For the reasons mentioned in the application, the same is allowed. For the reasons mentioned in the application, the same is allowed. For the reasons mentioned in the application, the same is allowed. For the reasons mentioned in the application, the same is allowed. Subject to all just exceptions, Section 201 IPC, Subject to all just exceptions, Section 201 IPC, is ordered to be incorporated in the prayer clause as well as in the head note of the main petition the prayer clause as well as head note of the main petition. Registry is directed to carry out necessary corrections. Registry is directed to carry out necessary corrections. CRM-M-12460 12460-2026

1. 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 This is a petition under Section 528 of No. 191, dated 07.11.2023 323 and 324 IPC. (Sections 115(2) 07.11.2023, under Sections 323 and 324 IPC. (Sections 115(2) 323 and 324 IPC. (Sections 115(2) registered at Police and 118(1) of BNS 2023) (Section 201 IPC added later on), registered at Police and 118(1) of BNS 2023) (Section 201 IPC added later on), and 118(1) of BNS 2023) (Section 201 IPC added later on), Station Sadar Hoshiarpur Sadar Hoshiarpur, District Hoshiarpur (Annexure P (Annexure P-1), with all the HIMANSHU 2026.04.23 18:33 I attest to the accuracy and integrity of this document CRM-M-12460-2026 (O&M) -2- consequential proceedings arising therefrom, on the basis of compromise dated

20.12.2025 (Annexure P-2).

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

3. Vide order dated 10.03.2026, parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for.

4. The report dated 25.03.2026 has been received from Additional Chief Judicial Magistrate, Hoshiarpur, stating that the parties have entered into a 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 HIMANSHU 2026.04.23 18:33 I attest to the accuracy and integrity of this document CRM-M-12460-2026 (O&M) -3- 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.”

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. 191, dated 07.11.2023, under Sections 323 and 324 IPC. (Sections 115(2) and 118(1) of BNS 2023) (Section 201 IPC added later on), registered at Police Station Sadar Hoshiarpur, District Hoshiarpur (Annexure P-1), with all the consequential proceedings arising therefrom, is quashed qua the petitioner, on the basis of compromise dated

20.12.2025 (Annexure P-2).

9. The present petition is hereby allowed.

23.04.2026 himanshu Whether speaking/reasoned Yes/No Whether reportable Yes/No HIMANSHU 2026.04.23 18:33 I attest to the accuracy and integrity of this document (MANDEEP PANNU) JUDGE