Makhansing N SINGH AND OTHERS v. STATE OF PU F PUNJAB AND ANOTHER

Judgment

1. This is a petition filed under Secti Th r Section 528 of the Bhartiya Nagrik Suraksha Sanhi Sanhita, 2023 for quashing of DDR/R 2016 DR/Rapat No.30, dated 06.10.2016 (Annexure P-1) 1), under Sections 324, 506, 34 IPC 6, 34 IPC (Sections 323, 201 IPC added later on)

er on) in FIR No.82, dated 06.10.20 .10.2016 (Annexure P-2) registered under Sections ctions 458, 323, 506 IPC (Sections 32 ons 325, 201, 34 added and Sections 148, 149 IPC IPC deleted later on), at Police S strict lice Station Tappa Mandi, District Barnala and jud nd judgment of conviction and order 2024 order of sentence dated 07.03.2024 (Annexure P e P-3) passed by learned JMIC JMIC, Barnala, and subsequent GURPREET 2026.02.25 09:02 I attest to the accuracy and authenticity of this document. CRM-M-70537 70537-2025 (O&M) 2 proceedings ari gs arising therefrom on the basis of 2025 sis of compromise dated 05.12.2025 4). (Annexure P-4)

2. Learned counsel for the petitioner Lea itioners submits that the prosecution of the petitione titioners is nothing but an abuse of t. He se of the process of the Court. He submits that tho hat though the petitioners have alread already been convicted by the Court of competent etent jurisdiction, however, now, th at a ow, the parties have arrived at a compromise an ise and respondent No.2 does not wa ot want to prosecute the petitioners any more. Thus . Thus, the FIR along with all conseq consequential proceedings alongwith judgment of con of conviction and order of sentence y the ence dated 07.03.2024 passed by the learned JMIC, shed. MIC, Barnala may kindly be quashed.

3. Learned counsel for responden Lea pondent No.2 has affirmed submissions ma ns made by counsel for the petitione titioners and thus, he has submitted that the inter se er se dispute between the parties is e, he ties is resolved amicably. Hence, he has no objectio bjection, if the FIR alongwith conseq consequential proceedings including the judgment of ent of conviction is quashed.

4. This Court vide order dated 15.1 Th es to 15.12.2025 directed the parties to appear before th fore the trial Court/Illaqa Magistrate ents, strate for recording their statements, as contended be ded before the Court, and the trial Co rial Court/Illaqa Magistrate was also directed to send o send its report.

5. Pursuant to the aforesaid order, pa Pur e the er, parties have appeared before the Judicial Magist agistrate Ist Class, Barnala and got . On d got their statements recorded. On the basis of th of the statements so recorded, learn , learned Magistrate has submitted report dated 13

13.02.2026 to the effect that the c t the compromise has been effected between the par the parties voluntarily and without any ut any coercion or undue influence. GURPREET 2026.02.25 09:02 I attest to the accuracy and authenticity of this document. CRM-M-70537 70537-2025 (O&M) 3

6. I have heard learned counsel for t I h or the parties, perused the record and the report se port sent by the learned Judicial Magi l Magistrate Ist Class, Barnala.

7. A bare perusal of statutory prov A .S.S. ovision of the 528 of B.N.S.S. would show tha ow that the High Court may make suc ke such orders, as may be necessary to give effect to fect to any order under this Code or t de or to prevent abuse of the process of any Court or urt or otherwise to secure the ends of S.S. nds of justice. Section 359 B.N.S.S. is equally relev y relevant for consideration, which hich prescribes the procedure for compounding o ding of the offences under the Bharatiy haratiya Nyaya Sanhita.

8. Hon'ble Supreme Court in 'Ramg Ho amgopal and another v. State of Madhya Prades radesh', 2021 (4) RCR (Criminal) 32 l) 322 has held as under: "13. It appears to us that criminal p "13 al proceedings involving non-heinous offences or where the offences are predo redominantly of a private nature, can be annulled irrespective of the fact that tr at trial has already been concluded or appeal stands dismissed against convict nviction. Handing out punishment is not the sole form of delivering justice. Socie Societal method of applying laws evenly is always subject to lawful exceptions. It is a ns. It goes without saying, that the cases where compromise is struck post con conviction, the High Court ought to exercise such discretion with rectitude, ude, keeping in view the circumstances surrounding the incident, the fashion i ion in which the compromise has been arrived at, and with due regard to the na ce, he nature and seriousness of the offence, besides the conduct of the accused, be d, before and after the incidence. The touchstone for exercising the extraor 82 raordinary power under Section 482 Cr.P.C., 1973 would be to secure the en Cr. e ends of justice. There can be no hard and fast line constricting the power of er of the High Court to do substantial justice. A restrictive construction of in 82 of inherent powers under Section 482 Cr.P.C., 1973 may lead to rigid or speci Cr. specious justice, which in the given facts and circumstances of a case, may rath rather lead to grave injustice. On the other hand, in cases where heinous o us offences have been proved against perpetrators, no such benefit ought to b to be extended, as cautiously observed by this Court in Narinder Singh & Ors. ) 6 Ors. v. State of Punjab & Ors., (2014) 6 SCC 466 and Laxmi Narayan (Supra). SC GURPREET 2026.02.25 09:02 I attest to the accuracy and authenticity of this document. CRM-M-70537 70537-2025 (O&M) 4 XXX XXX XXX XX

19. We thus sum-up and hold that as op 19. 73 s opposed to Section 320 Cr.P.C., 1973 where the Court is squarely guided by t by the compromise between the parties in respect of offences 'compoundable' w le' within the statutory framework, the extraordinary power enjoined upon a 82 on a High Court under Section 482 Cr.P.C., 1973 or vested in this Court un Cr. on, rt under Article 142 of the Constitution, can be invoked beyond the metes and b 73 nd bounds of Section 320 Cr.P.C., 1973 Nonetheless, we reiterate that such pow No powers of wide amplitude ought to be exercised carefully in the context of quas quashing criminal proceedings, bearing in mind: (i) Nature and effect of the offe in m ty; offence on the conscious of the society; (ii) Seriousness of the injury, if any; (ii (ii) y; (iii) Voluntary nature of compromise between the accused and the victim; & ( ns, ; & (iv) Conduct of the accused persons, prior to and after the occurrence of t of the purported offence and/or other relevant considerations."

9. Applying the law settled by Hon'b Ap Hon'ble Supreme Court in plethora of judgments an ents and this High Court, it is appare apparent that when the parties have entered into a nto a compromise, then continuation d be uation of the proceedings would be merely an abus n abuse of process of the Court and b g the t and by allowing and accepting the prayer of the pe the petitioners by quashing the case w ds of case would be securing the ends of justice, which is hich is primarily the object of the legi he legislature enacting under Section N.S.S. 528 of B.N.S.S.

10. As a result, this Court finds that t As that the case in hand squarely falls within the amb e ambit and parameters settled by ju ence, by judicial precedents and hence, DDR/Rapat No at No.30, dated 06.10.2016 (Annexu 324, nnexure P-1), under Sections 324, 506, 34 IPC (S IPC (Sections 323, 201 IPC added l dded later on) in FIR No.82, dated

06.10.2016 (An 6 (Annexure P-2) registered under IPC under Sections 458, 323, 506 IPC (Sections 325, 2 325, 201, 34 added and Sections 148 ns 148, 149 IPC deleted later on), at Police Station ation Tappa Mandi, District Barnala nala and judgment of conviction and order of sentenc sentence dated 07.03.2024 (Annexure IC, exure P-3) passed by learned JMIC, GURPREET 2026.02.25 09:02 I attest to the accuracy and authenticity of this document. CRM-M-70537 70537-2025 (O&M) 5 Barnala, are he are hereby quashed on the basis of c 2025 is of compromise dated 05.12.2025 4). (Annexure P-4)

11. Petition stands allowed. Pet

19.02.2026 Gurpreet AL) (RUPINDERJIT CHAHAL) JUDGE es/No i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No GURPREET 2026.02.25 09:02 I attest to the accuracy and authenticity of this document.