VARINDER SINGH ALIAS SHERA & Ors. v. STATE OF PUNJAB & Ors.

JUSTICE MANDEEP PANNU CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU CORAM: HON'BLE MS. Present: Ms. Amarjeet Kaur, Advocate for Ms. Amarjeet Kaur, Advocate for Mr. Jagdish Singh Mahal, Advocate for the petitioner Mr. , Advocate for the petitioners. Mr. Navraj Singh Mahal, DAG, Punjab. Mr. Navraj Singh Mahal, DAG, Punjab. Mr. Navraj Singh Mahal, DAG, Punjab. Mr. Sukhbir Maandi, Advocate for respondent , Advocate for respondents No.2and 3. MANDEEP PANNU, J (ORAL) MANDEEP PANNU, J (ORAL)

1. BNSS for quashing of G.D. This is a petition under Section 528 of BNSS for quashing of G.D. This is a petition under Section 528 of This is a petition under Section 528 of No. 28, dated 17.06.2021 452, 324, 323, 148, 149 of IPC 17.06.2021, under Sections 452, 324, 323, 148, 149 of IPC 452, 324, 323, 148, 149 of IPC in case FIR No.170 dated 29.05.2021, under Sections 323, 325, (Annexure P-1) in case FIR No.170 dated 29.05.2021, under Sections 323, 325, in case FIR No.170 dated 29.05.2021, under Sections 323, 325, in case FIR No.170 dated 29.05.2021, under Sections 323, 325, Act, 1959, registered at Police Station 336, 34 of IPC and Section 25/27 of Arms Act, 1959, registered at Police Station Act, 1959, registered at Police Station 336, 34 of IPC and Section 25/27 of Arms Jandiala, District Amritsar Rural, (Annexure P Jandiala, District Amritsar Rural, with all the consequential (Annexure P-2) with all the consequential

10.09.2025 proceedings arising therefrom, on the basis of compromise dated 10.09.2025 proceedings arising therefrom, on the basis of compromise proceedings arising therefrom, on the basis of compromise (Annexure P-3).

2. ties have compromised During the pendency of the dispute, the parties have compromised During the pendency of the dispute, the par During the pendency of the dispute, the par the matter and filed the present petition for quashing of G.D. the matter and filed the present petition for quashing of the matter and filed the present petition for quashing of

3. , parties were directed to appear before Vide order dated 24.09.2025, parties were directed to appear before , parties were directed to appear before Vide order dated the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for. compromise was HIMANSHU 2026.04.18 16:47 I attest to the accuracy and integrity of this document CRM-M-53921-2025 (O&M) -2-

4. The report dated 10.04.2026 has been received from Judicial Magistrate 1st Class, Amritsar, stating that the parties have entered into a compromise, which is genuine, voluntary and without any coercion or undue influence.

5. Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:- “29. The only inevitable conclusion from the above discussion is that there is no statutory bar under the Cr.P.C. which can affect the inherent power of this Court under Section 482. Further, the same cannot be limited to matrimonial cases alone and the Court has the wide power to quash the proceedings noncompoundable offences notwithstanding the bar under Section 320 of the Cr.P.C., in order to prevent the abuse of law and to secure the ends of justice.

30. The power under Section 482 of the Cr.P.C. is to be exercised Ex-Debitia Justitia to prevent an abuse of process of Court. There can neither be an exhaustive list nor the defined para-meters to enable a High Court to invoke or exercise its inherent powers. It will always depend upon the facts and circumstances of each case. The power under Section 482 of the Cr.P.C. 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 givefull effect to the same unless such compromise is HIMANSHU 2026.04.18 16:47 I attest to the accuracy and integrity of this document CRM-M-53921-2025 (O&M) -3- abhorrent to lawful composition of the society or would promote savagery.”

6. The legal principles as laid down for quashing of the judgment were also approved by the Hon'ble Supreme Court in the matter of 'Gian Singh Versus State of Punjab and another,(2012) 10 SCC 303'.

7. It is evident that in view of the amicable resolution of the issues amongst the parties, no useful purpose would be served by continuation of the proceedings. The furtherance of the proceedings is likely to be a waste of judicial time and there appears to be no chance of conviction.

8. In view of above, G.D. No. 28, dated 17.06.2021, under Sections 452, 324, 323, 148, 149 of IPC (Annexure P-1) in case FIR No.170 dated

29.05.2021, under Sections 323, 325, 336, 34 of IPC and Section 25/27 of Arms Act, 1959, registered at Police Station Jandiala, District Amritsar Rural, (Annexure P-2), with all the consequential proceedings arising therefrom, is quashed qua the petitioners, on the basis of compromise dated 10.09.2025 (Annexure P-3).

9. The present petition is hereby allowed. (MANDEEP PANNU) JUDGE

16.04.2026 himanshu Whether speaking/reasoned Yes/No Whether reportable Yes/No HIMANSHU 2026.04.18 16:47 I attest to the accuracy and integrity of this document