Hardeep Singh And Another V/S State Of Punjab And Others

Aman Chaudhary, J

The present petitions have been filed for quashing of FIR No.114, dated 23.10.2024, under Sections 115(2), 118(1), 3(5), 324(4) of BNS, 2023, offence under Section 118(2) of BNS, added later on vide GD No. 0020, dated 28.12.2024, offence under Section 324(4) deleted and offence under Section 324(3) and 238 of BNS, added later on vide GD No. 28, dated 11.08.2025, registered at Police Station Sadar Malout, District Sri Muktsar Sahib and DDR No.031, dated 24.10.2024, under Sections 115(2), 118(1), 3(5), 324(4) of BNS, 2023, in case FIR No.114, dated 23.10.2024, under Sections 115(2), 118(1), 3(5), 324(4) of BNS, 2023, offence under Section 118(2) of BNS, added later on vide GD No. 0020, dated 28.12.2024, offence under Section 324(4) deleted and offence under Section 324(3) and 238 of BNS, added later on vide GD No. 28, dated 11.08.2025, registered at Police Station Sadar Malout, District Sri Muktsar Sahib and all other consequential proceedings arising therefrom on the basis of the compromise dated 24/30.09.2025.

This Court while issuing notice of motion vide order dated 03.11.2025, directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements with regard to the compromise.

Pursuant to the aforesaid order, report dated 08.12.2025 has been received from the Ld. JMIC, Malout, District Sri Muktsar Sahib. 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 DDR and FIR in question are quashed. The compromise effected between them is genuine, without any undue influence and coercion. It is stated in the report that there are two accused. None of the accused has been declared as proclaimed offender.

Heard learned counsel for the parties and also gone through the cases files.

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 non-compoundable 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.

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 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"

In view of the afore-referred judgments, perusing the report of the trial Court regarding amicable settlement between the petitioners and the complainants, this Court finds that quashing the DDR and 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 cases deserve to be quashed.

Resultantly, the present petitions are allowed and FIR No.114, dated 23.10.2024, under Sections 115(2), 118(1), 3(5), 324(4) of BNS, 2023, offence under Section 118(2) of BNS, added later on vide GD No. 0020, dated 28.12.2024, offence under Section 324(4) deleted and offence under Section 324(3) and 238 of BNS, added later on vide GD No. 28, dated 11.08.2025, registered at Police Station Sadar Malout, District Sri Muktsar Sahib and DDR No.031, dated 24.10.2024, under Sections 115(2), 118(1), 3(5), 324(4) of BNS, 2023, in case FIR No.114, dated 23.10.2024, under Sections 115(2), 118(1), 3(5), 324(4) of BNS, 2023, offence under Section 118(2) of BNS, added later on vide GD No. 0020, dated 28.12.2024, offence under Section 324(4) deleted and offence under Section 324(3) and 238 of BNS, added later on vide GD No. 28, dated 11.08.2025, registered at Police Station Sadar Malout, District Sri Muktsar Sahib and all other consequential proceedings arising therefrom are quashed qua the petitioners on the basis of the compromise dated 24/30.09.2025.

Photocopy of this order be placed on the connected file(s).