Gurpreet Singh And Others v. State Of Punjab And Others
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# CRM-M-56158-2025 GURPREET SINGH AND OTHERS
STATE OF PUNJAB AND OTHERS
CRM-M-56181-2025 GURNAM SINGH AND OTHERS
STATE OF PUNJAB AND OTHERS
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) "I am resident of above said address and doing labour work. My brother Gurwinder Singh has made the provisional shop in village and my stand my Activa on the shop on dated 10.07.2025 at time about 4:00 PM Lovepreet Singh having stick, Malkit Singh having stick sons of Gurnam Singh son of Kashmir Singh having kirpan, Jagtar Singh son of Sukhdev Singh having Gandasi, Partap Singh son of Lakhwinder Singh having stick, Lakhwinder Singh son of Bharpur Singh empty handed and Lakhwinder Singh raised lalkra to caught hold him and teach him lesson for standing Activa in street. In the meantime, Gurnam Singh gave kirpan blow on my wrist,
0 Lovepreet Singh gave the stick blow upon me and in the meantime my brother Gurpreet Singh tried to escape me. Jagtar Singh gave Gandasi Blow from reverse side on left leg of Gurpreet Singh then Malkit Singh and Partap Singh gave stick blow upon Gupreet Singh. We raised raula Marta Marta and all the persons ran away from the spot with their weapons. I and my brother Gurpreet Singh were admitted in Civil Hospital Jabhal by arranging vehicle by our nephew Jagdeep Singh where doctor sahib referred us to Tarn Taran. We remained admitted there upto 14.07.2025. Respectable persons tried to make the compromise but could not be affected. Today I came present in police station to record my statement. Legal action be taken against accused." >
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son of Bakar Singh and Jashandeep Singh son of Jasbir Singh who are nominated as accused in the present FIR.
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Having gone through the statements of the parties, this court finds that
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who are the complainant/victim(s) in the present FIR.
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Having gone through the statements of the parties, this court finds that all the accused and complainant/victims are party to compromise and signed the same.
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Having gone through the statements of the parties, this court finds that no any affected person (accused or complainant) is left out or not arrayed as party in the quashing petition before Hon'ble High Court.
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Having gone through the statements of the parties, this court finds that the accused have not been declared proclaimed offender by any competent Court of law nor any such proceeding have been initiated and pending against them. vi) $
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So as to give opinion with regard to genuineness or otherwise of the compromise, the undersigned had recorded statement of
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04 In their statement, the present complainant had stated that the present FIR was registered at their instance against the present accused.
They further stated that now with the intervention of the respectable persons of the society and other close concerned persons, they with their own sweet will and consent, without there being any pressure or coercion or any undue influence from any quarter has entered into the compromise with the accused persons. They further stated that the compromise was executed with their free will and consent, fully understanding the consequences of the same. They have placed on record photocopy of their Aadhar cards as Ex.C7 to Ex.C9. !
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4 They further stated that they have no objection, if the present accused are acquitted from the present case on the basis of compromise so effected between them. No other case or complaint is pending between them and they are party to this compromise and none of them have been declared proclaimed offender by any competent court of law nor any such proceedings have been initiated or pending against them and none of them is left out or not arrayed as party in this quashing petition. !
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was also recorded, wherein they had stated that the present FIR was registered against them on the statement of complainant Gurnam Singh, Lovepreet Singh and Malkit Singh.
They further stated that with the intervention of the respectable persons of the society and other close concerned persons, they with their own sweet will and consent, without there being any pressure from any quarter, had voluntary entered into the compromise with the complainant with their free will and consent. A written compromise has already been executed between the parties and the same is Ex.C1 and they identified their signatures on the same. They had placed on record photocopy of their Aadhar cards as Ex.C2 to Ex. Сб. They further submitted that they are suffering the present statement with their free will and consent, fully understanding the legal consequences of the case, without there being any pressure, coercion or undue influence from any quarter.
They humbly prayed that the present FIR along with other consequential proceedings may kindly be quashed against them and they may be acquitted on the basis of compromise so effected between them. They all are party to this compromise i.e themselves and the complainant and apart from them no other person is involved in the present case and were not declared proclaimed offender by any competent court of law and no any criminal case is pending againstthem and none of them is left out or not arrayed as party in the quashing petition. !
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No other aspect relevant to the present case was
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Thus, from the statements of the parties and the compromise deed placed on record, this court finds that the parties to the petition had suffered their statement in the court with their own sweet will and consent and after having understood the legal consequences of the same and having consulted their lawyer/counsels and the parties have actually compromised the matter and it is for their benefit. 9 A 4 -
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" Short reply by way of affidavit of Sukhbir Singh, PPS, Deputy Superintendent of Police, Sub Division Tarn Taran, District Tarn Taran already stands filed on behalf of respondent-State in CRM-M-56181-2025 and the same is taken on record. < A
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appear on behalf of
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4. Now, the question before this Court is whether this Court can compound the offences under Sections 326 and 307 of the IPC which are non-compoundable. Needless to say that offences which are non-compoundable cannot be compounded by the court. Courts draw the power of compounding offences from Section 320 of the Code. The said provision has to be strictly followed (Gian Singh v. State of Punjab, 2012(4) RCR (Criminal) 543 : 2012(4) Recent Apex Judgments (R.A.J.) 549 : (2012)10 SCC 303). However, in a given case, the High Court can quash a criminal proceeding in exercise of its power under section 482 of the Code having regard to the fact that the parties have amicably settled their disputes and the victim has no objection, even though the offences are non-compoundable.
In which cases the High Court can exercise its discretion to quash the proceedings will depend on facts and circumstances of each case. Offences which involve moral turpitude, grave offences like rape, murder etc. cannot be effaced by quashing the proceedings because that will have harmful effect on the society.
!# individuals or two groups. If such offences are quashed, it may send wrong signal to the society. However, when the High Court is convinced that the offences are entirely personal in nature and, therefore, do not affect public peace or tranquillity and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, it should not hesitate to quash them. In such cases, the prosecution becomes a lame prosecution. Pursuing such a lame prosecution would be waste of time and energy. That will also unsettle the compromise and obstruct restoration of peace. 12 F
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