Avtar Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Date of decision: 29.04.2026 Avtar Singh

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MS. JUSTICE MANDEEP PANNU Present :- Mr. Nagesh Paul, Advocate for Mr. Kanwaljeet Singh, Advocate for the petitioner.

Mr. Navraj S. Mahal, DAG, Punjab for respondent No.1-State.

Mr. Harmilonjot, Advocate for Mr. Ravinder Singh, Advocate for respondent No.2.

***** MANDEEP PANNU, J. (ORAL) 1.

This is a petition under Section 528 of BNSS, 2023 (earlier Section 482 Cr.P.C.) for quashing of FIR No.154, dated 30.10.2023 under Sections 447, 457, 380 IPC (Sections 411 and 201 IPC added later on) {corresponds to Sections 329(3), 331(4) and 305 BNS (Sections 317(2) and 238 BNS added later on}, registered at Police Station Lalru, District S.A.S. Nagar (Annexure P-1), with all the subsequent proceedings arising therefrom, on the basis of compromise dated 21.01.2026 (Annexure P-2). 2.

During the pendency of the dispute, the parties have compromised the matter and filed the present petition for quashing of FIR. 3.

Vide order dated 25.03.2026, parties were directed to appear

-2before the Illaqa Magistrate/trial Court and report with regard to the genuineness of the compromise was called for. 4.

The report dated 09.04.2026 has been received from learned Judicial Magistrate Ist Class, Dera Bassi/SAS Nagar, stating that the parties have entered into a compromise, which is genuine, voluntary and without any pressure or 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 even in 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

-3achieving 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 give full effect to the same unless such compromise is 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, FIR No.154, dated 30.10.2023 under Sections 447, 457, 380 IPC (Sections 411 and 201 IPC added later on) {corresponds to Sections 329(3), 331(4) and 305 BNS (Sections 317(2) and 238 BNS added later on}, registered at Police Station Lalru, District S.A.S. Nagar (Annexure P-1), with all the subsequent proceedings arising therefrom, is quashed qua the petitioner, on the basis of compromise dated 21.01.2026 (Annexure P-2).

9.

The present petition is hereby allowed.

10.

All pending applications, if any, also stand disposed of. (MANDEEP PANNU) 29.04.2026 JUDGE neetu Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No