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Punjab-Haryana High Court
Sagar And Another vs State Of Punjab And Another on 28 April, 2026
CRM-M-13056-2026 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.264
CRM-M-13056-2026
Date of Decision: 28.04.2026
SAGAR AND ANOTHER ...Petitioners
Versus
STATE OF PUNJAB AND ANOTHER ....Respondents
CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU
Present:- Mr. Pushp Jain, Advocate
for the petitioners.
Mr. N.S. Mahal, DAG, Punjab.
Ms. Suman Kumar, Advocate
for respondent No.2.
*****
MANDEEP PANNU, J. (Oral)
1. This is a petition under Section 528 of BNSS, 2023 for
quashing of FIR No.176, dated 18.07.2025 (Annexure P-1), under Sections
308(2), 304, 351 of BNS, 2023 and Sections 25, 54 and 59 of Arms Act,
1959 registered at Police Station Sultanpur Lodhi, District Kapurthala with
all the consequential proceedings arising therefrom, on the basis of
compromise dated 29.01.2026 (Annexure P-2).
2. During the pendency of the dispute, the parties have
compromised the matter and filed the present petition for quashing of FIR.
3. Vide order dated 11.03.2026, parties were directed to appear
before the Illaqa Magistrate/Trial Court and report with regard to the
genuineness of the compromise was called for.
4. The report dated 27.03.2026 has been received from Sub
Divisional Judicial Magistrate, Sultanpur Lodhi, stating that the parties have
entered into a compromise, which is genuine, voluntary and without any
coercion or undue influence.
5. Full Bench of this Court in Kulwinder Singh and others vs.
State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:-
"29. The only inevitable conclusion from the above
discussion is that there is no statutory bar under the
Cr.P.C. which can affect the inherent power of this Court
under Section 482. Further, the same cannot be limited to
matrimonial cases alone and the Court has the wide
power to quash the proceedings even in
noncompoundable offences notwithstanding the bar
under Section 320 of the Cr.P.C., in order to prevent the
abuse of law and to secure the ends of justice.
30. The power under Section 482 of the Cr.P.C. is to be
exercised Ex-Debitia Justitia to prevent an abuse of
process of Court. There can neither be an exhaustive list
nor the defined para-meters to enable a High Court to
invoke or exercise its inherent powers. It will always
depend upon the facts and circumstances of each case.
The power under Section 482 of the Cr.P.C. has no limits.
However, the High Court will exercise it sparingly and
with utmost care and caution. The exercise of power has
to be with circumspection and restraint. The Court is a
vital and an extra-ordinary effective instrument to
maintain and control social order. The Courts play role of
paramount importance in achieving peace, harmony and
ever- lasting congeniality in society. Resolution of a
dispute by way of a compromise between two warring
groups, therefore, should attract the immediate and
prompt attention of a Court which should endeavour to
give full effect to the same unless such compromise is
abhorrent to lawful composition of the society or would
promote savagery."
6. The legal principles as laid down for quashing of the judgment
were also approved by the Hon'ble Supreme Court in the matter of 'Gian
Singh Versus State of Punjab and another,(2012) 10 SCC 303'.
7. It is evident that in view of the amicable resolution of the issues
amongst the parties, no useful purpose would be served by continuation of
the proceedings. The furtherance of the proceedings is likely to be a waste of
judicial time and there appears to be no chance of conviction.
8. In view of above, FIR No.176, dated 18.07.2025 (Annexure P-
1), under Sections 308(2), 304, 351 of BNS, 2023 and Sections 25, 54 and
59 of Arms Act, 1959 registered at Police Station Sultanpur Lodhi, District
Kapurthala, with all the consequential proceedings arising therefrom, is
quashed qua the petitioners, on the basis of compromise dated 29.01.2026
(Annexure P-2).
9. The present petition is hereby allowed.
10. All pending applications, if any, also stand disposed of.
(MANDEEP PANNU)
28.04.2026 JUDGE
Anu
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
