Citation : 2026 Latest Caselaw 3893 P&H
Judgement Date : 28 April, 2026
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
270
CRM-M-14951-2026 (O&M)
Date of decision: 28.04.2026
Gurteshwar Singh and Others
....Petitioners
Versus
State of Punjab and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. Rajesh K. Dadwal and Mr. Manan Bhardwaj, Advocates
for the petitioners
Mr. Ravneet Singh Lekhi, AAG Punjab
Mr. Naveen Kumar Mehra, Advocate for respondent Nos.2 to 6
*****
AMAN CHAUDHARY, J. (ORAL)
1. The present petition has been filed for quashing of FIR No.45,
dated 10.05.2025, registered under Sections 126(2), 118, 115(2), 351(3), 296,
191(3), 190 BNS (Old Sections 323, 324, 294, 327, 339, 506(2), 149 IPC), at
Police Station Jodhan, District Ludhiana, and all other consequential
proceedings arising therefrom on the basis of the compromise dated 12.02.2026
(Annexure P-3).
2. Heard learned counsel for the parties and also gone through the case
file.
3. This Court while issuing notice of motion vide order dated
20.03.2026, directed the parties to appear before the trial Court/Illaqa Magistrate
for recording their statements with regard to the compromise.
4. Pursuant to the aforesaid order, report dated 13.04.2026 has been
received from the learned Judicial Magistrate 1st Class, Ludhiana. A perusal of
CRM-M-14951-2026 (O&M) -2-
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 FIR in question is quashed.
The compromise effected between them is genuine, without any undue influence
and coercion. It is stated in the report that there are seven accused. None of the
accused has been declared as proclaimed offender and are not involved in any
other FIR.
5. 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.
6. Hon'ble the Supreme Court 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"
CRM-M-14951-2026 (O&M) -3-
7. In view of the afore-referred judgments, perusing the report of the
trial Court regarding amicable settlement between the petitioners and the
complainant, this Court finds that quashing the 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.
8. Resultantly, the present petition is allowed and FIR No.45, dated
10.05.2025, registered under Sections 126(2), 118, 115(2), 351(3), 296, 191(3),
190 BNS (Old Sections 323, 324, 294, 327, 339, 506(2), 149 IPC), at Police
Station Jodhan, District Ludhiana, and all other consequential proceedings
arising therefrom are quashed qua the petitioners on the basis of the compromise
dated 12.02.2026.
(AMAN CHAUDHARY) JUDGE 28.04.2026 M.Kamra
Whether speaking/reasoned : Yes / No Whether reportable : Yes / No
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