Jaswant Singh And Others v. State Of Punjab And Others
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CRM-M-64192-2025 JASWANT SINGH AND OTHERS
STATE OF PUNJAB AND OTHERS
CRM-M-64795-2025 BALJINDER SINGH AND OTHERS
STATE OF PUNJAB AND OTHERS
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Prayer in the above petition is for quashing of FIR No.180 dated 09.12.2024 under Sections 125, 118 (1), 115(2), 191(3), 190 & 351 of BNS, 2023 and Sections 25 & 27 of the Arms Act, 1959 registered at Police Station Dinanagar, District Gurdaspur while prayer in CRM-M-64795-2025 is for quashing of G.D. No.26 dated 02.01.2025 (Annexure P-2) under Sections 118(2), 324(4), 191(3) and 190 of the Bharatiya Nyaya Sanhita, 2023 (hereafter to be referred as 'BNS 2023') along with all the subsequent proceedings arising therefrom, on the basis of compromise dated 01.10.2025 (Annexure P-3).
3.
The FIR was registered on the statement of Surjit Kaur wife of Baljinder Singh, the same reads as under:- "....... I am a resident of the above-mentioned address and do household work. My husband is engaged in farming, and I have two sons namely Navdeep Singh who is settled abroad and the other one namely Jagdeep Singh who lives at home. We have a shop inside our house, which is in my husband's name. On 21.12.2023, this shop was rented out to Jaswant Singh son of Makkhan Singh, resident of House Number 01, G.T. Road, Dashmesh Colony, Dinanagar for 11 months at a rent of ₹15,000 per month. The shop's rent commenced on 01.01.2024 and ended on 30.11.2024. My husband and my family members had asked him to vacate the shop as per the agreement two months before 30.11.2024, but after the time passed, we locked our shop and told the said Jaswant Singh that he could pick up his belongings whenever he wanted. On
-307.11.2024, just after sunset, the said Jaswant Singh and his son Manpreet Singh alias Mann, along with about 15-16 unknown persons, came to the shop. Jaswant Singh broke the shop's locks. When I tried to stop him from breaking the lock, he also verbally abused me. After entering into the shop, all the said individuals created a scene and thereafter they locked the shop and left. While leaving, they also gave life threats to my family members and me. On 08.12.2024, around 9:00 a.m. in the morning when I was cleaning in the courtyard outside my house, Jaswant Singh and his son Manpreet Singh alias Mann arrived in their car, with registration number PB 06 AD 8786, make Skoda, silver color, and stopped the car on the road. Said Jaswant Singh got out of the car and started verbally abusing our family.
He took out a pistol from his pocket, pointed it at us, and put our lives in danger, saying that they would not vacate the shop. My brother, Pritam Singh son of Dharam Singh, resident of Bandiwala, Police Station Dhariwal, had come to our house to meet us in the morning and was standing outside. Jaswant Singh then pointed his pistol at my brother. Hearing the noise, former Sarpanch Surinder Kumar, current Sarpanch Ashok Kumar, residents of Kothe Lehgarh and Panchayat member Sarwan Singh son of Amarjeet, resident of Bandechak, arrived at the spot. He pointed his pistol at them also. Both of them tried to persuade Jaswant Singh, saying that they would arrange a sitting for them to talk, but Jaswant Singh did not listen to anyone. Jaswant Singh and his son became aggressive.
During this tussle, Santokh Singh son of Dalbir
-4Singh, resident of Ghesal and Balkar Singh son of Ratan Singh, resident of Taragarh Mor, Dinanagar also started pushing and manhandling our family members. During the tussle, Jaswant Singh's pistol fell to the ground. My daughter-in-law's mother, Aasa Rani wife of Bisan Das, resident of Arya Nagar, Dinanagar, picked up the pistol, put it in her shawl, and took it home. Manpreet Singh alias Mann then took out a knife from his pocket and made three attempts to strike me. To defend myself, I put my left hand forward, which was hit on the back of my left hand and on the ring finger of my left palm. Then Manpreet Singh alias Mann took out a wooden handle from his car and struck my brother Pritam Singh with it, which hit the back of his left hand, between his little finger and ring finger. Seeing the villagers gathering.
Jaswant Singh and his son Manpreet Singh alias Mann, along with their companions and weapons, fled the spot. The reason for the fight is that he wants to illegally occupy our shop despite the agreement. Therefore, he pointed his pistol at every member of our family and the witnesses and inflicted injuries with a knife."
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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. Such offences cannot be said to be restricted to two individuals or two groups.
-10 - 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.
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