[Cites 12, Cited by 0]
Punjab-Haryana High Court
Balwinder Kaur Alias Balvinder Paul ... vs State Of Punjab And Another on 24 April, 2026
CRM-M-73233-2025 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
281 CRM-M-73233-2025 (O&M)
Date of Decision :24.04.2026
BALWINDER KAUR ALIAS BALVINDER PAUL KAUR AND OTHERS
......PETITIONERS
Versus
STATE OF PUNJAB AND ANOTHER
...... RESPONDENTS
CORAM: HON'BLE MR.JUSTICE SURYA PARTAP SINGH
Present : Mr. Raman Mohinder Sharma, Advocate
for the petitioners.
Mr. Lakhan, AAG, Punjab.
Mr. Rahul Sharma, Advocate
for respondents No.2.
****
SURYA PARTAP SINGH, J. (Oral):
CRM-10975-2026
This is an application seeking for placing on record certain
documents. For the reasons stated in the application, the same is hereby
allowed and the documents annexed with the application are taken on record.
Main case
1. The present petition under Section 528 of BNSS, has been filed
for quashing of FIR No.0062 dated 30.04.2022, under Sections 452, 323, 506,
148, 149 [Sections 380/427 added later on] of Indian Penal Code, 1860, Police
Station City-1, Abohar, District Fazilka (Annexure P-1), along with all other
consequential proceedings arising therefrom. The quashing of FIR has been
CRM-M-73233-2025 (O&M)
sought on the basis of compromise between the parties, dated 13.12.2025
(Annexures P-2).
2. Heard learned counsel for the parties. Case file has also been
perused carefully.
3. This Court while issuing notice of motion vide order dated
24.04.2026, had directed the parties to appear before the learned trial Court for
recording of their statements, with regard to the compromise.
4. Pursuant to aforesaid order, a report from the Court of learned
Judicial Magistrate 1st Class, Abohar dated 15.04.2026 has been received. A
perusal of above said report reveals that statements of the concerned persons
have been recorded, who have stated that the matter has been settled between
them, amicably, and that they have no objection if the FIR in question is
quashed. As per report the compromise effected between the parties is genuine,
without any undue influence and coercion.
5. As far as the offence, allegedly committed by the petitioners, is
concerned, a perusal of the record shows that the offences punishable under
Sections 452, 148 & 149 of IPC for which the petitioners have been
prosecuted, is non-compoundable. If the facts and circumstances pertaining to
present case are analysed in the backdrop of relevant principles of law, it
transpires:-
i) that the occurrence involved in the present case is purely personal
and private in nature;
ii) that there is no criminal history of the petitioners;
iii) that it does not involve heinous and serious offence of mental
depravity;
iv) that the action of petitioners do not have a serious impact on the
society; and
CRM-M-73233-2025 (O&M)
v) that the cause of administration of criminal justice system would
remain unaffected on acceptance of the amicable settlement between
the parties.
vi) that the accused and the private respondent(s) have amicably settled
the matter between them in terms of the compromise deed and the
statements recorded before the concerned Court;
vii) that a perusal of the documents reveal that the settlement has not
been secured through coercion, threats, social boycotts, bribes, or
other dubious means,
viii) that the victim has willingly consented to the nullification of
criminal proceedings;
ix) that there is no objection from the private respondents in case present
FIR and consequent proceedings are quashed;
x) that in the given facts, the occurrence does not affect public peace or
tranquility, moral turpitude or harm the social and moral fabric of the
society or involve matters concerning public policy;
xi) that the rejection of compromise may lead to ill will and the
pendency of trial affects career and happiness;
xii) that there is nothing on the record to prima facie consider the accused
as an unscrupulous, incorrigible, and professional offender;
xiii) that the exercise of the inherent power for quashing the conviction,
sentence and all previous proceedings are justified to secure the ends
of justice.
6. With regard to quashing on the basis of compromise the Full
Bench of this Court in Kulwinder Singh and others vs. State of Punjab,
2007 (3) RCR (Criminal) 1052, held that the High Court has jurisdiction, by
virtue of Section 482 Cr.P.C, to allow the compounding of non-compoundable
offence(s) and quash the proceedings, 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.
CRM-M-73233-2025 (O&M)
7. The Hon'ble Supreme Court of India in the case of Gian Singh vs.
State of Punjab and another, 2012(4) RCR (Criminal) 543, 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. As per Hon'ble Supreme Court, 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 of Criminal Procedure. 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."
8. In view of the afore-referred principles of law, and the report of
the learned Judicial Magistrate 1st Class, Abohar, regarding amicable
settlement between the petitioners and respondent No.2, this Court finds that
quashing of 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.
9. Resultantly, the present petition is hereby allowed and the FIR
No.0062 dated 30.04.2022, under Sections 452, 323, 506, 148, 149 [Sections
380/427 added later on] of Indian Penal Code, 1860, Police Station City-1,
Abohar, District Fazilka (Annexure P-1), along with all other consequential
proceedings arising therefrom, is hereby quashed on the basis of compromise
CRM-M-73233-2025 (O&M)
deed dated 13.12.2025 (Annexures P-2)
10. Pending miscellaneous application(s), if any, also stands disposed
of.
(SURYA PARTAP SINGH)
JUDGE
24.04.2026
vipin
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
