10.2025 Hirdaipal aipal Singh @ Hirdeypal Singh and h and another ………… v. State of Pu of Punjab and another
Case Details
CRM-M No. No.54130 of 2025 -1 1- IN THE HIGH COURT OF PUN IN AT CHANDIG F PUNJAB AND HARYANA NDIGARH 292 ***** CRM-M No.54130 of 202 Date of decision : 30.10.202 of 2025 10.2025 Hirdaipal aipal Singh @ Hirdeypal Singh and h and another ………….Petitioners ersus Versus State of Pu of Punjab and another …….Respondents CORAM: AM: HON'BLE MR. JUSTICE SUM SUMEET GOEL Present: Mr. Jasman Singh Gill, Advoc Advocate, for the petitioners Ms. Aiman J. Chishti, AAG, P AG, Punjab Mr. Abhishek Sharma, Advoca dvocate, for the complainant --- SUMEET EET GOEL, J. (ORAL) 1. Present petition has been filed under Prese under Section 528 of Bharatiya Nyay a Nyaya Sanhita, 20 , 2023 for quashing of a complain plaint bearing no.COMI 253/15 title 5 titled Balbir Sing Singh v. Kuldeep Singh and others hers under Sections 420/465/467/46 67/468/ 471 and 12 and 120-B of IPC, pending before the ore the Court of Judicial Magistrate I trate Ist Class, Lud , Ludhiana alongwith summoning o ing order dated 23.5.2019 (Annexu nnexure P-2), and and all subsequent proceedings ari gs arising therefrom on the basis o basis of compromis romise deed dated 8.9.2025 (Annexu nexure P-4). 2 On 24.9.2025, the following order wa On rder was passed: The petitioners have approached this Co ‘The
Legal Reasoning
s Court seeking quashing of FIR (Annexu nexure P-1) 1) and all consequential proceedings e gs emanating therefrom on the basis of is of a ompromise having been effected between comp ween the parties. Learned counsel for t for the petiti etitioners has submitted that all concern cerned are parties to the present petition ition in erms of the dicta of the Division Bench ju terms h judgment of this Court passed in ‘Rake akesh Das V as Vs. State of Haryana and another’, N er’, Neutral Citation: 2024:PHHC;14765 47654- ASHWANI KUMAR 2025.10.30 18:15 I attest to the accuracy and integrity of this document B. DB. CRM-M No. No.54130 of 2025 -2 2- Notic otice of motion. At th
Legal Reasoning
t this stage, Mr. Amit Kumar Goyal, Ad , Addl. AG, Punjab has put in appearanc rance n behalf of respondent No.1-State of Punj on be Punjab and accepts notice. Mr. A r. Abhishek Sharma, Advocate has cause aused appearance on behalf of responden ndent No.2 o.2 (Through V.C.) and filed his vakalatn alatnama. The same be taken on record. The he parties are directed to get their sta r statements recorded qua the factum um of ompromise in the following manner: comp (i) The parties shall appear bef before the trial Court/Illaqa Magistra istrate concerned on 04.10.2025 or an r any date thereafter as fixed by tr y trial Court/Illaqa Magistrate for record cording statements of the petitioner as w as well as of the complainant qua the fac e factum of compromise. As and when a en any such appearance is made, the tria trial Court/Illaqa Magistrate shall do t do the needful for recording the statemen ments of the parties qua the factum of t of the compromise. It shall be open to the o the trial Court/Illaqa Magistrate to eith either record the statements of the par parties by physical process or by vid video conferencing as deemed appropria ate. priate by the trial Court/Illaqa Magistrate (ii) In case the statement is to be r be recorded by way of video conferencin encing, the parties concerned shall be dul duly identified through video conferenci encing by their respective counsel, subje ubject to the satisfaction of the Presidi esiding Officer. (iii) The trial Court/Illaqa Mag Magistrate may also choose to get t et the statements of the parties recorded ded through some Commissioner, appoint ointed by the Court who would be some ome Advocate having sufficient standing ding at the Bar. In case the statement is t is recorded through some Commission sioner, such Commissioner/Advocate sha shall furnish an affidavit after recordi ording statements to the effect that the pa e parties had appeared before him/her a er and he/she had recorded their statemen ements as per law and that the said part parties had been duly identified by their eir respective counsel. This shall be subje subject to satisfaction of trial Court/Illaqa laqa Magistrate. After fter recording the statements of all the a he affected parties in either of the aforesa resaid mann anner, the trial Court/Illaqa Magistrate trate shall submit its report on the basis asis of he statements so recorded as to whether a the st her all the affected parties have entered in ed into compromise and as to whether the compr a com ompromise in question is found to be a va a valid ompromise and has been effected withou comp ithout there being any kind of influence nce or oercion. coerc The t he trial Court/Illaqa Magistrate shall als ll also report as regards the following fa g facts fter seeking information from Investigatin after gating Officer, concerned: (i) Whether there is any ot y other accused other than the petition itioner, arrayed in this petition? ASHWANI KUMAR 2025.10.30 18:15 I attest to the accuracy and integrity of this document CRM-M No. No.54130 of 2025 -3 3- (ii) Whether there is any ot y other complainant or affected/ aggriev rieved party other than the respond pondents, arrayed in the petition? (iii) Whether any accused h ed has been declared Proclaimed Offende ender? The r he report be submitted before this Court b urt before the next date of hearing i.e. 0.10.2025. 30.10 The p he petitioners are directed to deposit a s t a sum of ₹50,000/- as costs with the Hi e High Cour ourt Lawyers Welfare Fund, Bank details tails whereof reads thus: Account No.65018692589; 89; 306; IFSC Code: SBIN0050306; Branch Code: 50306; Bank: State Bank of India, H ia, High Court Branch, Chandigarh Paym ayment of costs and production of receip ceipt thereof shall be a condition precede cedent or recording of statements in the manner d for re ner directed for hereinabove.’ 3. Pursuant to the aforesaid order, repor Pursu , report dated 24.10.2025 from Judici Judicial Magistrate istrate Ist Class, Ludhiana has been re een received, which is taken on recor record. As per the r er the report, the Trial Court has record recorded as follows:- ‘(i) In the present case, there are only tw ly two accused namely Kuldeep Singh a gh and Hrida ridai Pal Singh in this case. ii) There is only one complainant in thi (ii) this case and he has been arrayed as t as the espondent in the petition. respo iii) No accused is absconding or declar (iii) eclared proclaimed offender person in a in any ase. Compromise has been effected betw case. between both the parties valid and genuin enuine. From rom the statements of the parties reco recorded by undersigned, it comes out out on ecord that the parties have compromised recor will, ill, without any threat, pressure or undue ised the matter with their free consent, swe due influence and it is genuine.’ , sweet 4. Learned counsel for respondent No. Learn nt No.2/complainant admits the factu factum of parties h rties having compromised and states th tates that he has no objection in case th case the impugned o gned order is quashed. 5. Similarly, learned State counsel has Simi el has stated that she has no objection ction in case the im the impugned order is quashed as th as the parties have compromised th ised the matter amic r amicably. 6. I have heard learned counsel for the I hav for the parties and have carefully gon lly gone through the gh the records of the case. ASHWANI KUMAR 2025.10.30 18:15 I attest to the accuracy and integrity of this document CRM-M No. No.54130 of 2025 -4 4- 7. This Court and Apex Court has re This has repeatedly dealt with the issue o issue of exercise of ise of jurisdiction under Section 482 n 482 of the Code to quash proceedin ceeding in non-com compoundable offences in the ca the cases of Gian Singh vs. State ate of Punjab an b and another, 2012 (10) SCC 303 303, Kulwinder Singh & others v ers vs. State of Pu f Punjab & another, 2007 (3) RCR CR (Criminal) 1052 and Ram Gop Gopal and anothe other vs. State of Madhya Pradesh desh, 2021 (4) R.C.R. (Criminal) 32 l) 322 (Criminal inal Appeal No.1489 of 2012 decid ecided on 29th of September, 2021 2021). The propos proposition of law that emerges from s from the aforesaid decisions rendere endered by Apex Co pex Court and this Court is: wider utions ity or re not that it romise ly and ons or (a) Power u/s 482 Cr.P.C. veste and is unaffected by Section 320 (b) However, wider the power gr (c) The underlining principle whi can be invoked to quash the proc between the parties in the matte predominantly of civil character arising out of matrimonial relatio (d) The said power is not to b involving heinous and serious offences like murder, rape, daco private in nature and have a serio (e) Section 482 Cr.P.C. casts dut interest of justice as well. It is i upon the High Court, that Apex would not refuse to quash FIR u FIR finds mention thereof. Hi injuries sustained, whether such parts of the body/nature of weapo (f) Such exercise at the hands of only after the evidence is collecte sheet is filed/ charges framed cannot be carried out while the m (g) While quashing FIR in non- are private in nature, High antecedents of the accused, cond was absconding or whether he enter into a compromise. vested with this Court is much wid 320 of the Code. r greater the caution. while exercising such power is that proceedings recognizing compromi atters which are overwhelmingly an acter like commercial transactions lationship or family disputes. to be exercised in the prosecutio ous offences of mental depravity dacoity etc. as such offences are n serious impact on society. duty upon the High Court to advan t is in recognition of this duty caste Apex Court held that the High Cou IR under Section 307 merely becau . High Court can assess nature uch injuries inflicted on vital/delica eapons used etc. issible s of High Court would be permissib harge- llected after investigation and charg ercise med during the trial. Such exerci tion. the matter is still under investigation which -compoundable offences even whic nsider igh Court is required to consid her he onduct of the accused and whether h ant to he has managed the complainant vance casted Court ecause ure of elicate ASHWANI KUMAR 2025.10.30 18:15 I attest to the accuracy and integrity of this document CRM-M No. No.54130 of 2025 -5 5- 8. Thus, keeping in view the af the aforesaid facts and circumstance stances, this Court Court is of the considered opinion inion that it is a fit case to exercis xercise jurisdiction iction vested u/s 528 of BNS, 2023 to to quash the FIR as :- ce and er the the proceedings will bring peace an (i) Putting a quietus to the rties & will accordingly further th tranquility amongst parties tice. cause of substantial justice. are primarily of private nature. (ii) The offences alleged are mpromised. (iii) The parties have compr eceived the compromise is said to b (iv) As per the report recei voluntary in its nature. (v) Complainant/victim is compromise on his own voli is reported to have entered in volition. d into to be 9 Consequently, the petition is allow Cons allowed. Complaint bearing no.COM o.COMI 253/15 title 5 titled Balbir Singh v. Kuldeep S ep Singh and others under Section Sections 420/465/46 65/467/468/ 471 and 120-B of IPC of IPC, pending before the Court o ourt of Judicial M ial Magistrate Ist Class, Ludhiana al ana alongwith summoning order date er dated 23.5.2019 2019 (Annexure P-2), and all c all consequent proceedings arisin arising therefrom from, on the basis of 8.9.2025 (Ann Annexure P-4), are, hereby, quashe quashed qua the peti he petitioners. .2025 30.10.2025 Ashwani (cid:1) (cid:1) (cid:2)(cid:3)(cid:4)(cid:5)(cid:3)(cid:4)(cid:6)(cid:1)(cid:7)(cid:8)(cid:4)(cid:9)(cid:10)(cid:11)(cid:12)(cid:13)(cid:14)(cid:6)(cid:4)(cid:9)(cid:7)(cid:15)(cid:12)(cid:4)(cid:16)(cid:17)(cid:1) Whether reportable: (cid:16)(cid:17)(cid:1)(cid:1) (cid:18)(cid:4)(cid:7)(cid:14)(cid:19)(cid:15)(cid:1) Yes/No (SUMEET GOEL GOEL) JUDGE ASHWANI KUMAR 2025.10.30 18:15 I attest to the accuracy and integrity of this document