Suresh Kumar v. State Of Punjab And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Decided on : 07.08.2025 Suresh Kumar . . . Petitioner(s)
Versus
State of Punjab and others . . . Respondent(s)
CORAM:
HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Pradeep Virk, Advocate for the petitioner(s).
Mr. Jasdeep Singh, Addl. AG, Punjab.
Mr. Gurinder Singh Dhillon, Advocate for respondents No.2 to 4.
**** SANJAY VASHISTH , J. (Oral) 1.
The FIR in question was registered on account of the injuries having been caused by the husband to his wife with knife. The dispute, in fact, was got resolved at the instance of respondent No.3 - Garima Thappa, who is daughter of the petitioner and respondent No.2. 2.
On filing of present petition for seeking quashing of FIR and all other consequential proceedings, on the basis of compromise/settlement-deed dated 16.05.2025 (Annexure P-2), on 27.05.2025, following order was passed:- "1.
Instant petition has been filed under Section 528 of the BNSS, 2023 (earlier Section 482 Cr.P.C.), seeking quashing of the below detailed First Information Report (FIR), and all the consequential proceedings arising therefrom, on the basis of the compromise dated 16.05.2025 (Annexure P-2), effected between the parties. DETAIL OF CRIMINAL CASE:
FIR No. Date Section(s) Police Station District 18.08.2018 323, 324, 342, 307 of IPC Mataur SAS Nagar 2.
Learned counsel for the petitioners submits that actually, the
- 2 - dispute is between husband and wife, and offence under Section 307 of IPC even is not made out.
Further submits that all the parties to the dispute, already arrayed as parties in the present petition, have amicably resolved their dispute through compromise dated 16.05.2025 (Annexure P-2). Therefore, if proceedings arising from the aforementioned FIR, and all the consequential proceedings arising therefrom, are quashed, all the parties and their family members will be able to live their lives peacefully. 3.
Notice of motion.
4.
On asking of the Court, Mr. Neeraj Madaan, Sr. DAG, Punjab, who is present in the Court, accepts notice on behalf of the respondent-State.
5.
Mr. Tejinder Pal Singh, Advocate, appears on behalf of respondent Nos.2 to 4, and admits execution of the compromise (Annexure P-2).
6.
The affected parties are directed to appear before the learned Trial Court/Illaqa Magistrate/Duty Magistrate, on or before 13.06.2025 or on any other date convenient to the Court, for getting their respective statements recorded with regard to the compromise. Thereupon, the concerned Court shall submit a detailed report, containing the information on the following points, along with copies of the statements to this Court, on or before the adjourned date:- Sr.
No.
Information required I.
Total number of persons found involved as accused in the dispute/FIR II.
Number of complainant/victim(s) III.
Whether all the accused and complainant / victims are party to compromise & signed the same IV.
In case, any affected person (accused or complainant) is left out or not arrayed as party in the quashing petition before High Court, detail whereof; OR His/her statement is still to be recorded, in compliance to the direction of this Court, details of such person V.
Whether any accused has been declared as a proclaimed offender/person or any such proceedings against him/her have been initiated or pending adjudication VI.
Report of the Court whether compromise is genuine, voluntary, and without any coercion or undue influence VII.
Any other aspect relevant to the present case. To come up on 07.08.2025, awaiting report.
8.
Reply by the respondent-State, if any, be filed on or before the next date of hearing."
3.
Report has since been received from learned Additional Sessions Judge, SAS Nagar, Mohali, in pursuance to the directions of this Court wherein, the factum of the compromise arrived at between the parties stands verified and confirmed. As per the report(s) compromise has indeed been effected between the parties and the same is without any pressure or coercion and out of their free will and the private respondents have also made
- 3 - statement to the effect that they would have no objection if the FIR qua the accused-petitioner is quashed.
4.
The trial Court has annexed the statements of the parties in original, along with its report. The relevant part of the said report is reproduced here-below:
Sr.
No.
Description 1.
Total number of persons found involved as accused in the dispute/FIR One 2.
Number of complainant/victim(s) Three 3.
Whether all the accused and complainant / victims are party to compromise & signed the same Yes 4.
In case, any affected person (accused or complainant) is left out or not arrayed as party in the quashing petition before High Court, detail whereof; OR No His/her statement is still to be recorded, in compliance to the direction of this Court, details of such person -- 5.
Whether any accused has been declared as a proclaimed offender/person or any such proceedings against him/her have been initiated or pending adjudication No 6.
Report of the Court whether compromise is genuine, voluntary, and without any coercion or undue influence Yes Any other aspect relevant to the present case.
All the relevant aspects have been detailed above.
5.
Learned State counsel too submits that there are no other accused other than the petitioner and the private respondents are the only aggrieved person in the FIR in question.
6.
In addition to above, it has been very fairly stated and accepted by learned counsel appearing for respondents No.2 to 4 that as per the terms of the compromise/settlement-deed dated 16.05.2025 (P-2) arrived at between the parties, two demand drafts bearing Nos. "002454" dated 02.08.2025 and "002456" dated 06.08.2025, for a sum of Rs.50,00,000/- (in total) have been duly received by respondents No.2 to 4.
- 4 - Photocopy of the said demand drafts, has been produced by him in Court, which is taken on record, subject to all just exceptions. Office to tag the same at appropriate place.
Keeping in view the fact that, apart from the injured/victim and the accused, who are related as husband and wife, future interests of their children, i.e., respondent No.3 - Garima Thappa, aged 23 years (daughter of the petitioner and respondent No.2), and respondent No.4 - Gupil Thappa, aged 19 years (son of the petitioner and respondent No.2), are also involved, to live a happy and peaceful future life with the respective family members, this Court is of the view that the proceedings in the criminal case itself, basically between the husband and wife, should come to an end. Therefore, in view of the report of the learned Additional Sessions Judge, SAS Nagar, Mohali, and the principles laid down by Hon'ble the Apex Court in Gian Singh Vs. State of Punjab and others (2012) 10 SCC 303, and also by the Full Bench of this Court in Kulwinder Singh and others Vs. State of Punjab and another, 2007(3) RCR (Criminal) 1052, the instant petition is allowed. The aforesaid FIR and all consequential proceedings arising out of it, are quashed.
8.
Needless to say that the parties shall remain bound by the terms of compromise and their statements recorded before the Court below. 9.
Petition stands disposed of.
(SANJAY VASHISTH) JUDGE August 07, 2025 J.Ram Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No