IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 252 Maninder Singh Sidhu v. CRM-M-30445-2025 Decided on : 04.07.2025
Case Details
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 252 Maninder Singh Sidhu and others State of Punjab and another Versus CRM-M-30445-2025 Decided on : 04.07.2025 . . . Petitioner(s) . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Rohit Singla, Advocate for the petitioner(s).
Legal Reasoning
Mr. Jasdeep Singh, Addl. AG, Punjab. Mr. Abhay Gupta, Advocate for respondent No.2. **** SANJAY VASHISTH , J. (Oral) 1. Instant petition has been filed under Section 528 of the BNSS, 2023 (earlier Section 482 Cr.P.C.), seeking quashing of the below detailed First Information Report (FIR), and all the consequential proceedings arising therefrom, on the basis of the compromise/affidavit dated 26.05.2025 (Annexure P-3), effected between the parties. DETAILS OF CRIMINAL CASE:- FIR No. 309 Date Section(s) Police Station District 26.10.2023 324, 323, 427, 506 and 34 of IPC Civil Lines Bathinda Bathinda 2. Vide order dated 28.05.2025, the affected parties were directed to appear before the learned Trial Court/Illaqa Magistrate, for getting their respective statements recorded with regard to the compromise. The Trial Court/Illaqa Magistrate was to submit a report in this regard giving certain details as enumerated in the said order. 3. Pursuant to the aforementioned order, the parties appeared before the Court of learned Judicial Magistrate Ist Class, Bathinda, and as per JAWALA RAM 2025.07.07 17:53 I attest to the accuracy and authenticity of this document report dated 09.06.2025, submitted to this Court vide letter dated 10.06.2025, CRM-M-30445-2025 - 2 - the parties have got recorded their respective statements in Court. From the report received from the learned Court below, the following is discernible:- “ After going through the statements made by complainant person namely Narinder Singh and accused person namely Maninder Singh, Gurmeet Singh and Jawahar Singh, the following report as desired by the Hon'ble High Court is submitted: 1) As per statement of parties, three accused persons namely Maninder Singh, Gurmeet Singh and Jawahar Singh are arrayed as accused in the FIR and they have appeared in the court and made their statement. 2) As per statements of the parties and Investigating Officer, there are three accused persons namely Maninder Singh, Gurmeet Singh and Jawahar Singh and they have not been declared as proclaimed offender in this case, they have entered into compromise and the said compromise between the parties is valid and genuine and it is voluntarily effected between the parties with their free will and without any pressure, threat, coercion or any kind of influence from any quarter; The compromise is not the result of any fraud or misrepresentation and is the result of free will of the parties. 3) As per statements of the parties and Investigating Officer, the accused persons namely Maninder Singh, Gurmeet Singh and Jawahar Singh are not involved in any other case, there is only one victim, who is complainant Narinder Singh in the present case, there is no other injured/victim except the complainant in the present FIR. 4) As per statements of the parties, there is no such costs, which is not paid by the complainant and accused persons as imposed by the court, if any. Accordingly, the report of the trial Court/Illaga Magistrate as directed by the Hon'ble Punjab & Haryana High Court alongwith copies of statements of parties is submitted for your kind perusal, information and necessary action. The next date before the Hon'ble High Court is 04.07.2025. Submitted please.” 4. Learned counsel for the petitioner(s) submits that in view of the report received from the learned Court Below, it is evident that the matter has been resolved and private parties have effected a compromise, and there remains no dispute amongst them requiring any adjudication. Further submits that in view of the compromise so effected between the private parties, pendency of the FIR and consequential proceedings emanating therefrom would be sheer abuse of the process of law, and the same may be quashed. 5. Learned State counsel as also learned counsel for private respondent(s), after going through the statements and the report received from learned Court below, very fairly admit that the private parties have resolved their dispute and effected a compromise and that they have no objection if the FIR (supra) and all the consequential proceedings are quashed on the basis of the compromise. 6. JAWALA RAM 2025.07.07 17:53 I attest to the accuracy and authenticity of this document Through catena of judgments, Hon’ble the Apex Court and High CRM-M-30445-2025 - 3 - Courts (including Punjab and Haryana High Court), have culled out various principles of law concerning quashing of proceedings emanating after lodging of FIR, and some of them are as under:- Power under Section 482 Cr.P.C./Section 528 BNSS can be exercised to enhance social amity, and to reduce friction. Disputes which have their genesis in a matrimonial discord, landlord- tenant matters, commercial transactions and other such matters can safely be dealt with by the Court by exercising its powers under Section 482 Cr.P.C./Section 528 BNSS in the event of a compromise, but this is not to say that the power is limited to such cases. There can never be any hard and fast category which can be prescribed to enable the Court to exercise its power under Section 482 Cr.P.C./Section 528 BNSS "to prevent abuse of the process of any Court" or "to secure the ends of justice”. No embargo, be in the shape of Section 320(9) Cr.P.C./Section 359 BNSS, or any other such curtailment, can whittle down the power under Section 482 of the Cr.P.C./Section 528 of the BNSS. The compromise, in a modern society, is the sine qua non of harmony and orderly behaviour. High Court has the wide power to quash the proceedings even in non- compoundable offences notwithstanding the bar under Section 320 Cr.P.C./Section 359 BNSS, in order to prevent the abuse of law and to secure the ends of justice. Power under Section 482 Cr.P.C./Section 528 BNSS is to be exercised Ex- Debitia Justitia to prevent an abuse of process of Court. Such power 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 give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery. Matters which can be categorized as personal in nature or where nature of injuries do not exhibit mental depravity or involves commission of an offence of such a serious nature that quashing of FIR would override the public interest, the Court can quash the FIR in view of the settlement arrived at amongst the parties. In this regard, judgments cited are: JAWALA RAM 2025.07.07 17:53 I attest to the accuracy and authenticity of this document CRM-M-30445-2025 - 4 - 1. 2. 3. 4. Gian Singh v. State of Punjab and another, (2012) 10 SCC 303 (SC); Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat and another, (2017) 9 SCC 641 (SC); Ramgopal and another v. State of Madhya Pradesh, 2021 SCC Online SC 834 (SC); and Kulwinder Singh and others v. State of Punjab and another, 2007 (3) RCR (Criminal) 1052 [P&H FB] 7. After hearing learned counsel for the parties and going through the material available on record, this Court finds that there appears to be substance in the submission of learned counsel for the petitioners that pendency of the present criminal litigation would be abuse of process of law since the chances of conviction of the petitioners are bleak in view of the compromise, so effected between the private parties. 8. The report alongwith statements of the affected parties received from learned Court below would reveal that the complainant/victim person(s) have genuinely effected a compromise with the petitioners and they have no objection, if the impugned FIR and consequential proceedings are quashed. 9. Keeping in view the totality of the facts and circumstances of the case, including the report received by this Court and also, taking into consideration the aforementioned settled principles of law, this petition is accepted and FIR No.309, dated 26.10.2023, registered under Section 324, 323, 427, 506, 34 IPC, at Police Station Civil Lines, Bathinda, Distt. Bathinda, and all the consequential proceedings arising therefrom are hereby quashed qua the petitioners, in view of compromise/affidavit dated 26.05.2025 (P-3). 10.
Decision
Petition stands disposed of. (SANJAY VASHISTH) JUDGE July 04, 2025 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No JAWALA RAM 2025.07.07 17:53 I attest to the accuracy and authenticity of this document