RAJAT v. STATE OF UT CHD. AND ANOTHER STATE OF UT
Case Details
273. IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH CRM-M-21869-2025 Date of decision: 27.08.2025 RAJAT .... Petitioner Versus STATE OF UT CHD. AND ANOTHER STATE OF UT .... Respondents CORAM: NAMIT KUMAR HON’BLE MR. JUSTICE NAMIT KUMAR Present: Mr. Rahul Sharma, Advocate for the petitioner.
Legal Reasoning
Kulwinder Singh The Hon'ble Full Bench of this Court in case Kulwinder Singh The Hon'ble Full Bench of this Court in case and Versus State of Punjab and another, 2007(3) RCR (Criminal) 1052 and Versus State of Punjab and another, 2007(3) RCR (Criminal) 1052 Versus State of Punjab and another, 2007(3) RCR (Criminal) 1052 Sube Singh and another Hon'ble Division Bench of this Court in case Sube Singh and another Hon'ble Division Bench of this Court in case Hon'ble Division Bench of this Court in case Versus State of Haryana and another, 2013(4) RCR (Criminal) 102 Versus State of Haryana and another, 2013(4) RCR (Criminal) 102 Versus State of Haryana and another, 2013(4) RCR (Criminal) 102 Versus State of Haryana and another, 2013(4) RCR (Criminal) 102 after observed that compounding of offence can be allowed even after observed that compounding of offence can be allowed even observed that compounding of offence can be allowed even conviction, during proceedings of the appeal against conviction pending in conviction, during proceedings of the appeal against conviction pending in conviction, during proceedings of the appeal against conviction pending in conviction, during proceedings of the appeal against conviction pending in compoundable offence. Sessions Court and in cases involving non-compoundable offence. Sessions Court and in cases involving non 6. An identical question came to be decided by Hon'ble Supreme An identical question came to be decided by Hon'ble Supreme An identical question came to be decided by Hon'ble Supreme Court in case Gian Singh Versus State of Pun Court in case jab and another, 2012(4) Gian Singh Versus State of Punjab and another, 2012(4) . Having interpreted the relevant provisions, it was RCR (Criminal) 543. Having interpreted the relevant provisions, it was . Having interpreted the relevant provisions, it was RCR (Criminal) 543 ruled as under:- ruled as under: 57. The position “57. The position 57. The position that emerges that emerges that emerges from from from the above the above the above discussion can be summarised thus: the power of the discussion can be summarised thus: the power of the discussion can be summarised thus: the power of the or FIR or High Court in quashing a criminal proceeding or FIR or High Court in quashing a criminal proceeding complaint in exercise of its inherent jurisdiction is complaint in exercise of its inherent jurisdiction is complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal distinct and different from the power given to a criminal distinct and different from the power given to a criminal HIMANSHU 2025.08.27 17:18 I attest to the accuracy and integrity of this document CRM-M-21869 21869-2025 - 3 - court for compounding the offences under Section 320 court for compounding the offences under Section 320 court for compounding the offences under Section 320 ith no of the Code. Inherent power is of wide plenitude with no of the Code. Inherent power is of wide plenitude w statutory limitation but it has to be exercised in accord statutory limitation but it has to be exercised in accord statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to with the guideline engrafted in such power viz; (i) to with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the secure the ends of justice or (ii) to prevent abuse of the secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the process of any Court. In what cases power to quash the process of any Court. In what cases power to quash the complaint or F.I.R. may be criminal proceeding or complaint or F.I.R. may be criminal proceeding or exercised where the offender and victim have settled exercised where the offender and victim have settled exercised where the offender and victim have settled their dispute would depend on their dispute would depend on their dispute would depend on the the the facts and facts and facts and circumstances of each case and no category can be circumstances of each case and no category can be circumstances of each case and no category can be prescribed. However, before exercise of such power, the prescribed. However, before exercise of such power, the prescribed. However, before exercise of such power, the regard to the nature and High Court must have due regard to the nature and High Court must have due gravity of the crime. Heinous and serious offences of gravity of the crime. Heinous and serious offences of gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, mental depravity or offences like murder, rape, dacoity, mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim etc. cannot be fittingly quashed even though the victim etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the or victim's family and the offender have settled the or victim's family and the offender have settled the ch offences are not private in nature and dispute. Such offences are not private in nature and ch offences are not private in nature and have serious have serious have serious impact on society. Similarly, any impact on society. Similarly, any impact on society. Similarly, any compromise between the victim and offender in relation compromise between the victim and offender in relation compromise between the victim and offender in relation to the offences under special statutes like Prevention of to the offences under special statutes like Prevention of to the offences under special statutes like Prevention of Corruption Act or the offences for any basis for Corruption Act or the offences for any basis for Corruption Act or the offences for any basis for ing criminal proceedings involving such offences. quashing criminal proceedings involving such offences. ing criminal proceedings involving such offences. - But the criminal cases having overwhelmingly and pre But the criminal cases having overwhelmingly and pre- dominatingly civil flavour stand on different footing for dominatingly civil flavour stand on different footing for dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences the purposes of quashing, particularly the offences the purposes of quashing, particularly the offences ile, civil, arising from commercial, financial, mercantile, civil, arising from commercial, financial, mercant partnership or such like transactions or the offences partnership or such like transactions or the offences partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the arising out of matrimony relating to dowry etc. or the arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or family disputes where the wrong is basically private or family disputes where the wrong is basically private or personnel in nature and the parties have resolved their personnel in nature and the parties have resolved their personnel in nature and the parties have resolved their category of cases, High Court may entire dispute. In this category of cases, High Court may category of cases, High Court may HIMANSHU 2025.08.27 17:18 I attest to the accuracy and integrity of this document CRM-M-21869 21869-2025 - 4 - quash criminal proceedings if in its view, because of the quash criminal proceedings if in its view, because of the quash criminal proceedings if in its view, because of the compromise between the offender and victim, the compromise between the offender and victim, the compromise between the offender and victim, the possibility of conviction is remote and bleak and possibility of conviction is remote and bleak and possibility of conviction is remote and bleak and would put accused to continuation of criminal case would put accused to continuation of criminal case great oppression and prejudice and extreme injustice great oppression and prejudice and extreme injustice great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal would be caused to him by not quashing the criminal would be caused to him by not quashing the criminal case despite case despite case despite full and complete settlement and full and complete settlement and full and complete settlement and compromise with the victim. In other words, the High compromise with the victim. In other words, the High compromise with the victim. In other words, the High would be unfair or Court must consider whether it would be unfair or Court must consider whether it contrary to the interest of justice to continue with the contrary to the interest of justice to continue with the contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal criminal proceeding or continuation of the criminal criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law proceeding would tantamount to abuse of process of law proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim despite settlement and compromise between the victim despite settlement and compromise between the victim ether to secure the ends of and wrongdoer and whether to secure the ends of and wrongdoer and wh justice, it is appropriate that criminal case is put to an justice, it is appropriate that criminal case is put to an justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in end and if the answer to the above question(s) is in end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its affirmative, the High Court shall be well within its affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.” jurisdiction to quash the criminal proceeding.” 7. view has been reiterated by the Apex Court in case The same view has been reiterated by the Apex Court in case view has been reiterated by the Apex Court in case Narinder Singh and others Versus State of Punjab and another, 2014(2) Narinder Singh and others Versus State of Punjab and another, 2014(2) Narinder Singh and others Versus State of Punjab and another, 2014(2) Narinder Singh and others Versus State of Punjab and another, 2014(2) RCR (Criminal) 482. RCR (Criminal) 482 8. Having regard to the contentions of learned counsel for the Having regard to the contentions of learned counsel for the Having regard to the contentions of learned counsel for the litigation have entered into parties and the fact that both the parties to the litigation have entered into parties and the fact that both the parties to the parties and the fact that both the parties to the 482 of compromise and on that basis, the present petition under Section 482 of compromise and on that basis, the present petition under Section compromise and on that basis, the present petition under Section has been filed for quashing the present FIR. Code of Criminal Procedure has been filed for quashing the present FIR. has been filed for quashing the present FIR. Code of Criminal Procedure The compromise has been arrived at with the intervention of the The compromise has been arrived at with the intervention of the The compromise has been arrived at with the intervention of the The compromise has been arrived at with the intervention of the amily members and the parties have decided to keep respectables and family members and the parties have decided to keep respectables and f HIMANSHU 2025.08.27 17:18 I attest to the accuracy and integrity of this document CRM-M-21869 21869-2025 - 5 - harmony between them and to live peacefully in future. Hence, it would be harmony between them and to live peacefully in future. Hence, it would be harmony between them and to live peacefully in future. Hence, it would be harmony between them and to live peacefully in future. Hence, it would be in the interest of justice that parties are allowed to compromise the matter. in the interest of justice that parties are allowed to compromise the matter. in the interest of justice that parties are allowed to compromise the matter. in the interest of justice that parties are allowed to compromise the matter. Moreover, learned counsel for the parties are Moreover, learned couns that, in view of the el for the parties are ad idem that, in view of the settlement of disputes between the parties, the present petition deserves to settlement of disputes between the parties, the present petition deserves to settlement of disputes between the parties, the present petition deserves to settlement of disputes between the parties, the present petition deserves to be accepted in this context. be accepted in this context. 9. In view of above, the instant petition is allowed. Consequently, In view of above, the instant petition is allowed. Consequently, In view of above, the instant petition is allowed. Consequently, d 15.06.2024, registered under Sections 148, the impugned FIR No.71, dated 15.06.2024, registered under Sections 148, d 15.06.2024, registered under Sections 148, the impugned A of IPC, at Police Station Women Cell, Sector 17, 406 and 498-A of IPC, at Police Station Women Cell, Sector 17, A of IPC, at Police Station Women Cell, Sector 17, 406 and 498 and all other consequential proceedings arising Chandigarh (Annexure P-1) and all other consequential proceedings arising and all other consequential proceedings arising Chandigarh (Annexure P compromise, qua the therefrom are hereby quashed, on the basis of compromise, qua the therefrom are hereby quashed, on the basis of therefrom are hereby quashed, on the basis of only. petitioner only. 27.08.2025 himanshu (NAMIT KUMAR) JUDGE Whether speaking/reasoned: Whether reportable: Yes/No Yes/No HIMANSHU 2025.08.27 17:18 I attest to the accuracy and integrity of this document
Arguments
Mr. Manish Bansal, Addl. PP. U.T., Chandigarh. , Addl. PP. U.T., Chandigarh. Avneet Chopra, Advocate for Mr. Avneet Chopra, Advocate for Mr. Shivani Sahni, Advocate for the respondent No.2. ------ NAMIT KUMAR, J. (ORAL) NAMIT KUMAR 1. The present petition has been filed by the petitioner under The present petition has been filed by the petitioner under The present petition has been filed by the petitioner under Section 528 528 of Bharatiya Nagarik Suraksha Sanhita for quashing of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.71, dated , dated 15.06.2024, registered under Section - , registered under Sections 148, 406 and 498- A of IPC, at Police Station , at Police Station Women Cell, Sector 17, Chandigarh (Annexure Sector 17, Chandigarh (Annexure and all other consequential proceedings arising therefrom on the basis P-1) and all other consequential proceedings arising therefrom on the basis and all other consequential proceedings arising therefrom on the basis and all other consequential proceedings arising therefrom on the basis of compromise dated 11.03.2025 (Annexure P of compromise dated 2) executed between the .03.2025 (Annexure P-2) executed between the parties. 2. d counsel for the parties submits that the present FIR Learned counsel for the parties submits that the present FIR d counsel for the parties submits that the present FIR may be quashed as the parties have amicably settled the dispute. may be quashed as the parties have amicably settled the dispute. may be quashed as the parties have amicably settled the dispute. HIMANSHU 2025.08.27 17:18 I attest to the accuracy and integrity of this document CRM-M-21869 21869-2025 - 2 - 3. During the course of preliminary hearing, the trial Court was During the course of preliminary hearing, the trial Court was During the course of preliminary hearing, the trial Court was all the concerned parties, with regard to directed to record the statements of all the concerned parties, with regard to all the concerned parties, with regard to directed to record the statements of the genuineness and validity of the compromise by this Court. the genuineness and validity of the compromise by this Court. the genuineness and validity of the compromise by this Court. 4. In compliance thereof, report dated .05.2025 from learned pliance thereof, report dated 16.05.2025 from learned Judicial Magistrate 1st Class, Chandigarh Judicial Magistrate , has been received through Class, Chandigarh, has been received through learned District and Sessions Judge, Chandigarh learned District , with statements of the Chandigarh, with statements of the parties, in which, it has been mentioned that the compromise is genuine and parties, in which, it has been mentioned that the compromise is genuine and parties, in which, it has been mentioned that the compromise is genuine and parties, in which, it has been mentioned that the compromise is genuine and there was no undue influence or coercion from any side. there was no undue influence or coercion from any side. there was no undue influence or coercion from any side. 5.