KULWINDER KUMAR & Ors. v. STATE OF PUNJAB & Anr.

Mr. J.S. Johal, Advocate for the petitioners Present: Mr. J.S. Johal, Advocate for the petitioners Mr. J.S. Johal, Advocate for the petitioners Ms. Sakshi Bakshi, AAG, Punjab Ms. Sakshi Bakshi, AAG, Punjab Mr. Nitin Sachdeva, Advocate for respondent No.2 Mr. Nitin Sachdeva, Advocate for respondent No.2 Mr. Nitin Sachdeva, Advocate for respondent No.2 MANISHA BATRA, J. (ORAL) MANISHA BATRA, J. (ORAL) ****

#1. The present petition has been filed under Section 528 of Bharatiya The present petition has been filed under Section 528 of Bharatiya The present petition has been filed under Section 528 of Bharatiya The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (for short “BNSS”) for quashing of FIR No.83 dated Nagarik Suraksha Sanhita (for short “BNSS”) for quashing of FIR No.83 dated Nagarik Suraksha Sanhita (for short “BNSS”) for quashing of FIR No.83 dated Nagarik Suraksha Sanhita (for short “BNSS”) for quashing of FIR No.83 dated

02.07.2015 registered under Sections 323, 325, 34 of IPC at Police Station 02.07.2015 registered under Sections 323, 325, 34 of IPC at Police Station 02.07.2015 registered under Sections 323, 325, 34 of IPC at Police Station 02.07.2015 registered under Sections 323, 325, 34 of IPC at Police Station Chabbewal, District Hoshiarpur alongwith all consequential proceedings arising Chabbewal, District Hoshiarpur alongwith all consequential proceedings arising Chabbewal, District Hoshiarpur alongwith all consequential proceedings arising Chabbewal, District Hoshiarpur alongwith all consequential proceedings arising therefrom including the judgment of conviction and order on quantum of therefrom including the judgment of conviction and order on quantum of therefrom including the judgment of conviction and order on quantum of therefrom including the judgment of conviction and order on quantum of sentence both dated 09.08.2019, on the basis of compromise dated 14.03.2026 sentence both dated 09.08.2019, on the basis of compromise dated 14.03.2026 sentence both dated 09.08.2019, on the basis of compromise dated 14.03.2026 sentence both dated 09.08.2019, on the basis of compromise dated 14.03.2026 (Annexure P-4) arrived at betw 4) arrived at between the parties.

#2. Learned counsel for the petitioners have submitted that the parties Learned counsel for the petitioners have submitted that the parties Learned counsel for the petitioners have submitted that the parties Learned counsel for the petitioners have submitted that the parties by making amicable settlement have resolved their inter se dispute and, by making amicable settlement have resolved their inter se dispute and, by making amicable settlement have resolved their inter se dispute and, by making amicable settlement have resolved their inter se dispute and, therefore, it is submitted by them that the quashing of the aforementioned therefore, it is submitted by them that the quashing of the aforementioned therefore, it is submitted by them that the quashing of the aforementioned therefore, it is submitted by them that the quashing of the aforementioned proceedings emanating therefrom, deserve to be allowed as complaint and the proceedings emanating therefrom, deserve to be allowed as proceedings emanating therefrom, deserve to be allowed as complaint and the the continuation of thereof would be a futile exercise. the continuation of thereof would be a futile exercise. the continuation of thereof would be a futile exercise. CRM-M-28598- -2026 (O&M) 2

#3. This Court vide order dated 20.05.2026 had directed the parties to This Court vide order dated 20.05.2026 had directed the parties to This Court vide order dated 20.05.2026 had directed the parties to This Court vide order dated 20.05.2026 had directed the parties to rded and appear before the learned Appellate Court to get their statements recorded and appear before the learned Appellate Court to get their statements reco appear before the learned Appellate Court to get their statements reco the learned Appellate Court was directed to send his report qua the genuineness the learned Appellate Court was directed to send his report qua the genuineness the learned Appellate Court was directed to send his report qua the genuineness the learned Appellate Court was directed to send his report qua the genuineness of the compromise. of the compromise.

#3. Pursuant to the aforesaid order, the District and Sessions Judge, Pursuant to the aforesaid order, the District and Sessions Judge, Pursuant to the aforesaid order, the District and Sessions Judge, Pursuant to the aforesaid order, the District and Sessions Judge, Hoshiarpur has sent report dated 06.07.2026 to this Court alongwith photocopies Hoshiarpur has sent report dated 06.07.2026 to this Court alongwith photoco Hoshiarpur has sent report dated 06.07.2026 to this Court alongwith photoco accused and Investigating Officer of the statements of complainant, petitioner-accused and Investigating Officer accused and Investigating Officer of the statements of complainant, petitioner recorded on 01.07.2026. recorded on 01.07.2026.

#4. On the basis of these statements, it is submitted by learned On the basis of these statements, it is submitted by learned On the basis of these statements, it is submitted by learned On the basis of these statements, it is submitted by learned Magistrate that the compromise effected between the parties is genuine, out of Magistrate that the compromise effected between the parties is genuine, out of Magistrate that the compromise effected between the parties is genuine, out of Magistrate that the compromise effected between the parties is genuine, out of Will and without any pressure or coercion. It is also mentioned in the report free Will and without any pressure or coercion. It is also mentioned in the report Will and without any pressure or coercion. It is also mentioned in the report Will and without any pressure or coercion. It is also mentioned in the report that apart from the petitioners, there is no other accused in the complaint and that apart from the petitioners, there is no other accused in the complaint and that apart from the petitioners, there is no other accused in the complaint and that apart from the petitioners, there is no other accused in the complaint and that the present petitioners have not been declared proclaimed persons in this that the present petitioners have not been declared proclaimed persons in this that the present petitioners have not been declared proclaimed persons in this that the present petitioners have not been declared proclaimed persons in this case.

#5. heard learned counsel for the parties and besides perusing I have heard learned counsel for the parties and besides perusing heard learned counsel for the parties and besides perusing I have . the report by learned Judicial Magistrate, have also perused the record. the report by learned Judicial Magistrate, have also perused the record the report by learned Judicial Magistrate, have also perused the record

#6. It is well settled that the High Court has power to allow It is well settled that the High Court has power to allow It is well settled that the High Court has power to allow It is well settled that the High Court has power to allow compounding of a non-compoundable offence and quash the prosec compounding of a non ution under compoundable offence and quash the prosecution under Section 482 of Cr.P.C. where it feels that the same is required to prevent the Section 482 of Cr.P.C. where it feels that the same is required to prevent the Section 482 of Cr.P.C. where it feels that the same is required to prevent the Section 482 of Cr.P.C. where it feels that the same is required to prevent the abuse of process of law or otherwise to secure the ends of justice. In this regard, abuse of process of law or otherwise to secure the ends of justice. In this regard, abuse of process of law or otherwise to secure the ends of justice. In this regard, abuse of process of law or otherwise to secure the ends of justice. In this regard, Kulwinder reference can be made to a Full Bench judgment of this Court in Kulwinder reference can be made to a Full Bench judgment of this Court in reference can be made to a Full Bench judgment of this Court in . It is and others v. State of Punjab, 2007 (3) RCR (Criminal) 1052. It is and others v. State of Punjab, 2007 (3) RCR (Criminal) 1052 Singh and others v. State of Punjab, 2007 (3) RCR (Criminal) 1052 equally settled position of law that the power of High Court in quashing criminal equally settled position of law that the power of High Court in quashing criminal equally settled position of law that the power of High Court in quashing criminal equally settled position of law that the power of High Court in quashing criminal CRM-M-28598- -2026 (O&M) 3 proceedings or FIR or complaint in exercise of its inherent jurisdiction is of proceedings or FIR or complaint in exercise of its inherent jurisdiction is of proceedings or FIR or complaint in exercise of its inherent jurisdiction is of proceedings or FIR or complaint in exercise of its inherent jurisdiction is of tory limitation. Such power can certainly be wide plenitude with no statutory limitation. Such power can certainly be tory limitation. Such power can certainly be wide plenitude with no statu exercised in cases where the wrong is basically private or personal in nature and exercised in cases where the wrong is basically private or personal in nature and exercised in cases where the wrong is basically private or personal in nature and exercised in cases where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. The High Court is required to the parties have resolved their entire dispute. The High Court is required to the parties have resolved their entire dispute. The High Court is required to the parties have resolved their entire dispute. The High Court is required to the interest of justice to consider whether it would be unfair or contrary to the interest of justice to consider whether it would be unfair or contrary to consider whether it would be unfair or contrary to continue with the criminal proceedings or continuation of criminal proceedings continue with the criminal proceedings or continuation of criminal proceedings continue with the criminal proceedings or continuation of criminal proceedings continue with the criminal proceedings or continuation of criminal proceedings would tantamount to abuse of process of law and whether to secure the ends of would tantamount to abuse of process of law and whether to secure the ends of would tantamount to abuse of process of law and whether to secure the ends of would tantamount to abuse of process of law and whether to secure the ends of answer to justice, it is appropriate to put an end to the criminal case and if the answer to justice, it is appropriate to put an end to the criminal case and if the justice, it is appropriate to put an end to the criminal case and if the such question is in affirmative, then the High Court is well within its jurisdiction such question is in affirmative, then the High Court is well within its jurisdiction such question is in affirmative, then the High Court is well within its jurisdiction such question is in affirmative, then the High Court is well within its jurisdiction to quash the criminal proceedings. Reference in this context can be made to to quash the criminal proceedings. Reference in this context can be made to to quash the criminal proceedings. Reference in this context can be made to to quash the criminal proceedings. Reference in this context can be made to Gian Singh v. State of Punjab and Hon’ble Apex Court judgments cited as Gian Singh v. State of Punjab and Gian Singh v. State of Punjab and Hon’ble Apex Court judgments cited as another, 2012 (4) RCR (Criminal) 543 Narinder Singh and others vs. 2 (4) RCR (Criminal) 543 and Narinder Singh and others vs. Narinder Singh and others vs.