Asi Dilbag Singh v. Ut Of Chandigarh And Another

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 27.10.2025 ASI Dilbag Singh . . .Petitioner

Versus

UT of Chandigarh and Anr . . .Respondent CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY PRESENT: Mr. Samay Singh Sandhawalia, Advocate for the petitioner. Mr. Manish Bansal, PP, UT Chandigarh.

**** AMAN CHAUDHARY , J. (Oral) 1.

The present petition has been filed for quashing of FIR No.68, dated 06.08.2025, registered under Section 109, at Police Station North Chandigarh (Annexure P-1), and all other consequential proceedings arising therefrom on the basis of the compromise dated 01.09.2025 (Annexure P-2). 2.

Learned counsel submits that it is a case where no gun-shot was fired. Merely a verbal duel and scuffle took place, resulting in simple injuries and based on the unconditional apology tendered by the petitioner and an undertaking to not approach the complainant or cause any harm to him or any other family member, regarding which an affidavit had also been filed, anticipatory bail had been granted to him by a Co-ordinate Bench on 22.08.2025. Thereafter, a compromise was reduced in writing on 01.09.2025, Annexure P-2.

3.

Pursuant to the order dated 08.09.2025, the parties duly appeared before learned Chief Judicial Magistrate, Chandigarh and got

- 2 - recorded their statements affirming the compromise, whereupon a report dated 24.09.2024 has been received. 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 neither accused has been declared as proclaimed offender nor he is involved in any other FIR. 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 noncompoundable 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

- 3 - 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 FIR No.68, dated 06.08.2025, registered under Section 109, at Police Station North Chandigarh, and all other consequential proceedings arising therefrom are quashed qua the petitioner on the basis of the compromise deed dated 01.09.2025.

(AMAN CHAUDHARY) JUDGE October 27, 2025 Vishal Vardhan Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No