Malkeet Singh v. State Of Punjab & ANR
1.
This petition has been filed un der Section 482 of the Code of Criminal P Procedure for quashing of F FIR No.3, dated 04.01.2025, registered u under Sections 125, 351(2) BNS S (Sections 336 and 506 IPC) and Section ns 25 and 27 of the Arms Ac t, at Police Station Gharinda, District Am mritsar Rural, Amritsar and all s subsequent proceedings arising therefrom o on the basis of the compromise.
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 for recording their statements w with regard to the compromise.
3.
Pursuant to the aforesaid orde er, report dated 21.04.2026 has been receiv ved from the Chief Judicial Mag gistrate, Amritsar. A perusal of the said rep ort reveals that statements of the e concerned persons have been
CRM-M-15941-2026 -2recorded 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 is only 1 accused, who has neither been declared proclaimed offender nor is 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 a 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.
CRM-M-15941-2026 -3Inherent 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 FIR No.3, dated 04.01.2025, registered under Sections 125, 351(2) BNS (Sections 336 and 506 IPC) and Sections 25 and 27 of the Arms Act, at Police Station Gharinda, District Amritsar Rural, Amritsar and all other consequential proceedings arising therefrom are quashed qua the petitioner on the basis of the compromise.