Sandeep Singh And Another v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 237 Criminal Miscellaneous No.M-26280 of 2025 Date of Decision: July 01, 2025 Sandeep Singh & another ..... PETITIONER(S)

VERSUS

State of Punjab & another ..... RESPONDENT(S)

CORAM:

HON'BLE MR. JUSTICE SANDEEP MOUDGIL PRESENT: - Mr. K.S. Sidhu, Advocate, for the petitioners. Mr. Sandeep Singh, AAG, Punjab.

Ms. Kirandeep Kaur, Advocate, for respondent No.2. SANDEEP MOUDGIL, J (Oral) This is a petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing FIR No.163 dated 11.10.2024 under Sections 126(2), 115(2), 118(1), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 118(2) of BNS added lateron, and all consequential proceedings on the basis of compromise dated 26.03.2025 (Annexure P-4). 2.

Vide order dated 15.05.2025, parties were directed to appear before the Illaqa Magistrate/Trial Court and report with regard to the genuineness of the compromise was called for. 3.

The report dated 19.06.2025 has been received from the Sub Divisional Judicial Magistrate, Nihal Singh Wala, stating that the parties have entered into a compromise, which is genuine, voluntary and without any coercion or undue influence.

4.

Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:-

CRM-M-26280-2025 [2] "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.

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 give full effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery." 5.

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'. Furthermore, the broad principles for exercising the powers under Section 482 were

CRM-M-26280-2025 [3] summarized by the Hon'ble Supreme Court in the matter of 'Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others versus State of Gujarat and another" (2017) 9 SCC 641'.

6.

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 chances of conviction. 7.

In view of above, FIR No.163 dated 11.10.2024 under Sections 126(2), 115(2), 118(1), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 118(2) of BNS added lateron, and all consequential proceedings arising therefrom, is quashed qua the petitioners, on the basis of compromise dated 26.03.2025 (Annexure P-4).

The present petition is hereby allowed.

(SANDEEP MOUDGIL) Judge July 01, 2025 avin Whether Speaking/ Reasoned:

Yes/ No Whether Reportable:

Yes/ No