Ajaib Singh And Others v. State Of Punjab And Others

This petition has been filed u under Section 528 BNSS, for quashing o of DDR/GD No.30 dated 29.03.2023, under Sections 323/148/14 9 of IPC 1860 (115(2)/191(3)/19 90 of BNS 2023, Police Station Balianwali, District Bathinda, registered as cross case in FIR No.23 dated 29.03.2023, , under Sections 323/148/149/3 325 of IPC (Sections 115(2)/ 191(3)/190/ /117(2) of BNS 2023), registered d at Police Station Balian Wali District Ba athinda, on the basis of com mpromise dated 09.03.2026, Annexure P P-3.

2.

This Court while issuing notic ce of motion vide order dated 24.03.2026, , directed the parties to appear r before the trial Court/Illaqa Magistrate f for recording their statements wi ith regard to the compromise.

CRM-M-15989-2026 -23.

Pursuant to the aforesaid order, report dated 29.04.2026 has been received from learned Judicial Magistrate Ist Class, Phul. A perusal of the said report reveals that statements of the concerned persons 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 question is quashed. The compromise effected between them is genuine, without any undue influence and coercion. It is stated in the report that there are four accused, who have neither been declared as proclaimed offender nor are involved in any other case.

4.

Heard learned counsel for the parties and also gone through the case file.

5.

The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, held that High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court is 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 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

CRM-M-15989-2026 -3a 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"

7.

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.

8.

Resultantly, the present petition is allowed and DDR/GD No.30 dated 29.03.2023, under Sections 323/148/149 of IPC 1860 (115(2)/191(3)/190 of BNS 2023, Police Station Balianwali, District Bathinda, registered as cross case in FIR No.23 dated 29.03.2023, under Sections 323/148/149/325 of IPC (Sections 115(2)/ 191(3)/190/117(2) of BNS 2023), registered at Police Station Balian Wali District Bathinda, and all other consequential proceedings arising therefrom are quashed qua the petitioners on the basis of the compromise.