GORI AND OTHERS v. STATE OF PUNJAB AND ANOTHER STATE OF PUNJAB AND ANOTHER
Case Details
CRM-M-51786 51786-2025 (O&M) 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 301 CRM-M-51786-2025 (O&M) Date of decision: 29.10.2025 GURPREET SINGH @ GORI AND OTHERS GURPREET SINGH @ GORI AND OTHERS GURPREET SINGH @ GORI AND OTHERS .... Petitioners Versus STATE OF PUNJAB AND ANOTHER STATE OF PUNJAB AND ANOTHER .... Respondents CORAM:
Legal Reasoning
The Full Bench of this Court in Kulwinder Singh and others The Full Bench of this Court in Kulwinder Singh and others 2007 (3) RCR (Criminal) 1052, held that High Court vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, held that High Court 2007 (3) RCR (Criminal) 1052, held that High Court vs. State of Punjab, - has power under Section 482 Cr.P.C. to allow the compounding of non has power under Section 482 Cr.P.C. to allow the compounding of non- has power under Section 482 Cr.P.C. to allow the compounding of non ence and quash the prosecution where the High Court is compoundable offence and quash the prosecution where the High Court is ence and quash the prosecution where the High Court is compoundable off of the view that the same was required to prevent the abuse of the process of the view that the same was required to prevent the abuse of the process of the view that the same was required to prevent the abuse of the process of the view that the 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 of law or otherwise to secure the ends of justice. This power of quashing is of law or otherwise to secure the ends of justice. This power of quashing is of law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone. not confined to matrimonial disputes alone. not confined to matrimonial disputes alone. 6. Hon'ble the Supreme Court of India in the case of Gian Singh Hon'ble the Supreme Court of India in the case of Gian Singh 2012 (4) RCR (Criminal) 543, had vs. State of Punjab and another,2012 (4) RCR (Criminal) 543, had 2012 (4) RCR (Criminal) 543, had vs. State of Punjab and another, observed that in order to secure the ends of justice or to prevent the abuse observed that in order to secure the ends of justice or to prevent the abuse observed that in order to secure the ends of justice or to prevent the abuse observed that in order to secure the ends of justice or to prevent the abuse is Court to quash of process of Court, inherent power can be used by this Court to quash of process of Court, inherent power can be used by th of process of Court, inherent power can be used by th criminal proceedings in which a compromise has been effected. The criminal proceedings in which a compromise has been effected. The criminal proceedings in which a compromise has been effected. The criminal proceedings in which a compromise has been effected. The relevant portion of para 57 of the said judgment reads thus:- relevant portion of para 57 of the said judgment reads thus: relevant portion of para 57 of the said judgment reads thus: “57. The position that emerges from the above discussion can “57. The position that emerges from the above discussion can “57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its criminal proceeding or FIR or complaint in exercise of its criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power inherent jurisdiction is distinct and different from the power inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under given to a criminal court for compounding the offences under given to a criminal court for compounding the offences under Section 320 of the Code. de with no statutory limitation Inherent power is of wide plenitude with no statutory limitation Inherent power is of wide plenitu but it has to be exercised in accord with the guideline engrafted but it has to be exercised in accord with the guideline engrafted 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 in such power viz; (i) to secure the ends of justice or (ii) to in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. XXX---XXX” prevent abuse of the process of any Court. XXX HIMANSHU 2025.10.30 08:49 I attest to the accuracy and integrity of this document CRM-M-51786 51786-2025 (O&M) 3 7. In view of the afore-referred judgm ents, perusing the report of referred judgments, perusing the report of the trial Court regarding amicable settlement between the petitioner and the the trial Court regarding amicable settlement between the petitioner and the the trial Court regarding amicable settlement between the petitioner and the the trial Court regarding amicable settlement between the petitioner and the this Court finds that quashing the FIR will accord a quietus to complainant, this Court finds that quashing the FIR will accord a quietus to this Court finds that quashing the FIR will accord a quietus to complainant, all disputes between the parties and it is in the interest of both sides all disputes between the parties to bury t is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, the hatchet and lead a peaceful life. no useful purpose would be Thus, no useful purpose would be in order to secure the ends of served in continuing the proceedings and in order to secure the ends of served in continuing the proceedings and served in continuing the proceedings and justice, the criminal proceedings in the present case deserve to be quashed. justice, the criminal proceedings in the present case deserve to be quashed. justice, the criminal proceedings in the present case deserve to be quashed. 8. Resultantly, the present petition is allowed and FIR No. , t petition is allowed and FIR No. 237, dated 06.12.2023 06.12.2023, registered under Sections B, 148 and 149 , registered under Sections 341, 323, 379-B, 148 and 149 of IPC, at Police Station , at Police Station Sadar Fazilka, District and all other , District Fazilka and all other consequential proceedings arising therefrom are quashed qua the petitioners consequential proceedings arising therefrom are quashed qua the petitioners consequential proceedings arising therefrom are quashed qua the petitioners consequential proceedings arising therefrom are quashed qua the petitioners on the basis of the compromise dated 22.08.2025 on the basis of the compromise dated 22.08.2025. (AMAN CHAUDHARY AMAN CHAUDHARY) JUDGE 29.10.2025 himanshu Whether speaking/reasoned: Whether reportable: Yes/No Yes/No HIMANSHU 2025.10.30 08:49 I attest to the accuracy and integrity of this document
Arguments
AMAN CHAUDHARY HON’BLE MR. JUSTICE AMAN CHAUDHARY Present: for the petitioner. Mr. Shivraj Angi, Advocate for the petitioner. Mr. Manipal Singh Atwal, DAG Punjab. Mr. Manipal Singh Atwal, DAG Punjab , Advocate for respondent No.2. Mr. S.S. Virk, Advocate for respondent No.2. ------ AMAN CHAUDHARY, J. (ORAL) AMAN CHAUDHARY 1. 237 The present petition has been filed for quashing of FIR No.237 The present petition has been filed for quashing of FIR No. dated 06.12.2023 06.12.2023, registered under Sections B, 148 and 149 , registered under Sections 341, 323, 379-B, 148 and 149 of IPC at Police Station at Police Station Sadar Fazilka, District and all other , District Fazilka and all other consequential proceedings arising therefrom on the basis of the compromise consequential proceedings arising therefrom on the basis of the compromise consequential proceedings arising therefrom on the basis of the compromise consequential proceedings arising therefrom on the basis of the compromise dated 22.08.2025 22.08.2025 (Annexure P-2). 2. This Court while issuing notice of motion vide order dated This Court while issuing notice of motion vide order dated This Court while issuing notice of motion vide order dated he trial Court/Illaqa .2025, directed the parties to appear before the trial Court/Illaqa .2025, directed the parties to appear before t 15.09.2025, directed the parties to appear before t Magistrate for recording their statements with regard to the compromise. Magistrate for recording their statements with regard to the compromise. Magistrate for recording their statements with regard to the compromise. 3. .2025 has Pursuant to the aforesaid order, report dated 06.10.2025 has Pursuant to the aforesaid order, report dated been received from the Additional Chief Judicial Magistrate, Fazilka been received from the . A Additional Chief Judicial Magistrate, Fazilka. A rt reveals that statements of the concerned persons perusal of the said report reveals that statements of the concerned persons rt reveals that statements of the concerned persons perusal of the said repo have been recorded in the present case, who have stated that the matter has have been recorded in the present case, who have stated that the matter has have been recorded in the present case, who have stated that the matter has have been recorded in the present case, who have stated that the matter has been settled between them and they have no objection in case the FIR in been settled between them and they have no objection in case the FIR in been settled between them and they have no objection in case the FIR in been settled between them and they have no objection in case the FIR in HIMANSHU 2025.10.30 08:49 I attest to the accuracy and integrity of this document CRM-M-51786 51786-2025 (O&M) 2 m is genuine, question is quashed. The compromise effected between them is genuine, question is quashed. The compromise effected between the question is quashed. The compromise effected between the It is stated in the report that without any undue influence and coercion. It is stated in the report that without any undue influence and coercion. without any undue influence and coercion. there are three accused. None of the accused has been declared as three accused. None of the accused has been declared as accused. None of the accused has been declared as are not involved in any other FIR. proclaimed offender and are not involved in any other FIR. proclaimed offender 4. and also gone through the Heard learned counsel for the parties and also gone through the Heard learned counsel for the parties case file. 5.