The High Court
Case Details
N THE HIGH COURT OF PUNJAB NJAB AND HARYANA AT IN TH GARH CHANDIGARH 278 CRM-M Date of de M-48177-2025 (O&M) te of decision: 01.12.2025 LAKHWINDER INDER SINGH @ PINKA AND OTH OTHERS STATE OF PUN PUNJAB & ANOTHER Versus ..Petitioners ..Respondents CORAM: HO
Legal Reasoning
HON'BLE MR. JUSTICE AMAN AMAN CHAUDHARY ate for the petitioners. Mr. Sandeep Sharma, Advocate for Present: Mr njab. Mr. Rahul K. Adia, AAG, Punjab. Mr ate for respondent No.2. Mr Mr. Manoj R.Sharma, Advocate for *** *** AMAN CHAUD HAUDHARY, J. (Oral) 1. The present petition has been filed The filed for quashing of FIR No.40, date , dated 30.05.2018, regi registered under Sections 325, 323, , 323, 506, 447, 148, 149 IPC, at Polic t Police Station Nurmeh urmehal, District Jalandhar, and all d all other consequential proceeding eedings arising therefrom erefrom on the basis of the comprom mpromise dated 07.05.2025 (Annexu nnexure P2). 2. This Court while issuing notice Thi notice of motion vide order date r dated 13.10.2025, dire , directed the parties to appear befor before the trial Court/Illaqa Magistra agistrate for recording the ing their statements with regard to the to the compromise. 3. Pursuant to the aforesaid order, re Pur from the Judicial Magistrate 1st Class received from t rder, report dated 10.11.2025 has bee as been Class, Phillaur. A perusal of the sa the said report reveals th eals that statements of the concerned p erned persons have been recorded in th d in the present case, wh se, who have stated that the matter ha tter has been settled between them an em and they have no ob no objection in case the FIR in ques n question is quashed. The compromis promise effected between etween them is genuine, without any u t any undue influence and coercion. It ion. It is stated in the rep he report that there are total 14 accuse accused, 2 of which have been declare declared proclaimed offe d offenders while 7 have filed the pres e present petition. 4. file. 5. Heard learned counsel for the parti Hea e parties and also gone through the cas the case The Full Bench of this Court in The rt in Kulwinder Singh and others v hers vs. State of Punjab unjab, 2007 (3) RCR (Criminal) 1052 l) 1052, held that High Court has pow s power under Section ction 482 Cr.P.C. to allow the com e compounding of non-compoundab undable offence and qua d quash the prosecution where the Hig t the the High Court is of the view that the ASHOK KUMAR 2025.12.02 17:23 I attest to the accuracy and integrity of this document CRM-M-48177-2025 (O&M) -2- same was required to prevent the abuse of the process of law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone. 6. Hon'ble the Supreme Court of India in the case of Gian Singh vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543, had observed that in order to secure the ends of justice or to prevent the abuse of process of Court, inherent power can be used by this Court to quash criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of the said judgment reads thus:- “57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. XXX---XXX” In Tamana Sharma and others vs. State of Punjab and others, 7. CRM-M-17818-2025, decided on 14.07.2025, this Court has quashed the FIR wherein there were total 5 accused and the petition for quashing thereof on the basis of compromise had been filed by 4 of them, though the remaining was declared a proclaimed offender, however, the complainant resolved the dispute comprehensively qua all the accused including him, who was not even before the Court. The position is same in the present case as well, for which relevant para of the compromise reads thus: The complainant and accused have appeared before the 3. undersigned alongwith their respective counsel. Sh. Gaurav Sagar, Advocate, appeared and filed power of attorney on behalf of complainant and identified him. Complainant has suffered a separate statement that instant FIR was registered at his instance against above said accused in the present case. The compromise is genuine, voluntarily, with his free will and without any coercion, undue influence, inducement or threat from any side. He has no objection, if the present FIR is quashed against the accused. Similarly, Sh. Raj Kumar Sahota, Advocate, appeared and filed power of attorney on behalf of accused and identified them. Accused Lakhwinder Singh @ Pinka, Sukhwinder Kaur, Sukhwinder Singh, Satinder Kaur, Sucha Singh Sohal @ Sucha Singh, Balwant Singh @ Tibbi have suffered a joint statement that complainant has compromised the matter with them. The ASHOK KUMAR 2025.12.02 17:23 I attest to the accuracy and integrity of this document CRM-M-48177-2025 (O&M) -3- compromise is genuine, voluntarily with their free consent, without any undue influence and pressure from any side. Except them, there is no other accused involved in the present case. Similarly, accused Maninder Singh @ Manjinder Singh @ Manna, produced by jail authorities, has suffered a separate statement into compromise with complainant Paldeep Singh. The compromise in the present FIR between them is genuine, voluntarily and out of our freewill.” that he has entered 8. In view of the afore-referred judgments, perusing the report of the trial Court regarding amicable settlement between the petitioner and the complainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be served in continuing the proceedings and in order to secure the ends of justice, the criminal proceedings in the present case deserve to be quashed. 9. Resultantly, the present petition is allowed and FIR No.40, dated 30.05.2018, registered under Sections 325, 323, 506, 447, 148, 149 IPC, at Police Station Nurmehal, District Jalandhar, and all other consequential proceedings arising therefrom are quashed qua the petitioners on the basis of the compromise dated 07.05.2025 (Annexure P2). 01.12.2025 ashok ( AMAN CHAUDHARY ) JUDGE Whether speaking/reasoned : Yes/No Yes/No Whether reportable : ASHOK KUMAR 2025.12.02 17:23 I attest to the accuracy and integrity of this document