The High Court
Case Details
CRM-M-37434 37434-2025 - -1- 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 (253) Kulbir Singh and Anr. Kulbir Singh and Anr. CRM-M-37434-2025 25.09.2025 Date of Decision:- 25.09.2025 ……Petitioners ……Petitioners State of Punjab and Anr. State of Punjab and Anr. Versus ……Respondents ……Respondents CORAM:
Legal Reasoning
ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN **** Present: Mr. Balraj Singh Sidhu, Advocate for the petitioners. Mr. Balraj Singh Sidhu, Advocate for the petitioners. Mr. Durgesh Garg, AAG, Punjab. Mr. Durgesh Garg, AAG, Punjab. Mr. Gurmeet Singh Saini, Advocate for respondent No.2. Mr. Gurmeet Singh Saini, Advocate for respondent No.2. **** ALOK JAIN, J. (Oral) ALOK JAIN, J. (Oral) 1. 528 BNSS The instant petition has been filed under Section 528 BNSS The instant petition has been filed under Section seeking quashing of DDR No.035 dated 10.09.2022, under Sections 354 seeking quashing of B, DDR No.035 dated 10.09.2022, under Sections 354-B, 341, 149 of IPC (Section 506, 34 of IPC added later on), registered at Police 341, 149 of IPC (Section 506, 34 of IPC added later on), registered at Police 341, 149 of IPC (Section 506, 34 of IPC added later on), registered at Police 341, 149 of IPC (Section 506, 34 of IPC added later on), registered at Police 1) i.e. registered as cross case Station Kulgari, District Ferozepur (Annexure P-1) i.e. registered as cross case Station Kulgari, District Ferozepur (Annexure P Station Kulgari, District Ferozepur (Annexure P in FIR No.0134 dated 06.10.2022, under Sections 324, 323, 148, 149 of IPC in FIR No.0134 dated 06.10.2022, under Sections 324, 323, 148, 149 of IPC in FIR No.0134 dated 06.10.2022, under Sections 324, 323, 148, 149 of IPC in FIR No.0134 dated 06.10.2022, under Sections 324, 323, 148, 149 of IPC 1860 (Section 326 of IPC added later on vide DDR No.12 dated 10.10.2022) 1860 (Section 326 of IPC added later on vide DDR No.12 dated 10.10.2022) 1860 (Section 326 of IPC added later on vide DDR No.12 dated 10.10.2022) 1860 (Section 326 of IPC added later on vide DDR No.12 dated 10.10.2022) 2), and all other at Police Station Kulgari, District Ferozepur (Annexure P-2), and all other at Police Station Kulgari, District Ferozepur (Annexure P at Police Station Kulgari, District Ferozepur (Annexure P proceedings arising therefrom on the basis of the compromise dated proceedings arising therefrom on the basis of the compromise dated proceedings arising therefrom on the basis of the compromise dated proceedings arising therefrom on the basis of the compromise dated 12.05.2025 (Annexure P-3). 12.05.2025 (Annexure P MANJU 2025.09.29 10:45 I agree to specified portions of this document CRM-M-37434 37434-2025 - -2- 2. ties entered into a Keeping in view the fact that the parties entered into a Keeping in view the fact that the par settlement, this Court vide order dated 21.07.2025 settlement, this directed the parties to 21.07.2025 directed the parties to aqa Magistrate/trial Court for getting their statements appear before the Illaqa Magistrate/trial Court for getting their statements aqa Magistrate/trial Court for getting their statements appear before the Ill has recorded in that regard. Pursuant thereto, a report dated 20.08.2025 has recorded in that regard. Pursuant thereto, a report dated recorded in that regard. Pursuant thereto, a report dated been received from Judicial Magistrate 1st been received from st Class, Ferozepur stating that stating that tary and the same is the compromise arrived at between the parties is voluntary and the same is the compromise arrived at between the parties is volun the compromise arrived at between the parties is volun without any pressure, coercion or undue influence. without any pressure, coercion or undue influence. without any pressure, coercion or undue influence. 3. Learned State counsel and learned counsel appearing on behalf Learned State counsel and learned counsel appearing on behalf Learned State counsel and learned counsel appearing on behalf of respondent No.2 admit the factum of compromise and submit that of respondent No.2 they admit the factum of compromise and submit that they have no objection no objection in quashing of the FIR on tha quashing of the FIR on that basis. 4. Perusal of the aforesaid report establishes that the parties have Perusal of the aforesaid report establishes that the parties have Perusal of the aforesaid report establishes that the parties have in amicably settled their dispute, and continuance of criminal proceedings in amicably settled their dispute, and continuance of criminal amicably settled their dispute, and continuance of criminal such a situation will be an exercise in futility, as the chances of conviction such a situation will be an exercise in futility, as the chances of conviction such a situation will be an exercise in futility, as the chances of conviction such a situation will be an exercise in futility, as the chances of conviction are bleak. The power under Section 528 BNSS are bleak. The power un can be exercised in such 528 BNSS can be exercised in such Gian Singh v. matters. It has been held by Supreme Court of India in cases Gian Singh v. matters. It has been held by Supreme Court of India in cases matters. It has been held by Supreme Court of India in cases State of Punjab and another 2012(10) SCC 303 and State of Punjab and another Narinder Singh and 2012(10) SCC 303 and Narinder Singh and others v. State of Punjab and another 2014(6) SCC 406 that criminal others v. State of Punjab and another cases 2014(6) SCC 406 that criminal cases having overwhelmingly civil character, particularly those arising out of having overwhelmingly civil character, particularly those arising out of having overwhelmingly civil character, particularly those arising out of having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, commercial transactions or matrimonial relationships or family disputes, commercial transactions or matrimonial relationships or family disputes, commercial transactions or matrimonial relationships or family disputes, disputes among should be quashed when the parties have resolved the disputes among should be quashed when the parties have resolved should be quashed when the parties have resolved themselves in a bona fide manner. themselves in a 5. Consequently, the present petition is allowed petition is allowed. DDR No.035 DDR No.035 B, 341, 149 of IPC (Section 506, 34 of dated 10.09.2022, under Sections 354-B, 341, 149 of IPC (Section 506, 34 of B, 341, 149 of IPC (Section 506, 34 of dated 10.09.2022, under Sections 354 IPC added later on), registered at Police Station Kulgari, District Ferozepur IPC added later on), registered at Police Station Kulgari, District Ferozepur IPC added later on), registered at Police Station Kulgari, District Ferozepur IPC added later on), registered at Police Station Kulgari, District Ferozepur MANJU 2025.09.29 10:45 I agree to specified portions of this document case in FIR No.0134 dated 06.10.2022, (Annexure P-1) i.e. registered as cross case in FIR No.0134 dated 06.10.2022, case in FIR No.0134 dated 06.10.2022, (Annexure P CRM-M-37434 37434-2025 - -3- under Sections 324, 323, 148, 149 of IPC 1860 (Section 326 of IPC added under Sections 324, 323, 148, 149 of IPC 1860 (Section 326 of IPC added under Sections 324, 323, 148, 149 of IPC 1860 (Section 326 of IPC added under Sections 324, 323, 148, 149 of IPC 1860 (Section 326 of IPC added later on vide DDR No.12 dated 10.10.2022) at Police Station Kulgari, District later on vide DDR No.12 dated 10.10.2022) at Police Station Kulgari, District later on vide DDR No.12 dated 10.10.2022) at Police Station Kulgari, District later on vide DDR No.12 dated 10.10.2022) at Police Station Kulgari, District Ferozepur (Annexure P-2) and subsequent proceeding arising therefr Ferozepur (Annexure P are and subsequent proceeding arising therefrom, are hereby quashed qua the petitioners subject to cost hereby quashed to be subject to costs of Rs.10,000/- to be paid by the petitioners and Rs.5000/- to be paid by respondent No.2 within to be paid by respondent No.2 within a period of two weeks in the following account: two weeks from today in the following account: Punjab State Legal Services Punjab State Legal Services Authority Authority-Disaster Relief Fund, A/c No.44426937384, A/c No.44426937384, IFSC Code SBIN0014656. IFSC Code SBIN0014656. September 25, 2025 September 25, 2025 manju Whether speaking/reasoned:- Whether speaking/reasoned: Whether Reportable:- Whether Reportable: Yes/No Yes/No (ALOK JAIN) JUDGE MANJU 2025.09.29 10:45 I agree to specified portions of this document