Citation : 2026 Latest Caselaw 3954 P&H
Judgement Date : 29 April, 2026
269 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-13846-2026 (O&M)
DECIDED ON: 29.04.2026
RAJNI AND ORS.
.....PETITIONERS
VERSUS
STATE OF PUNJAB AND OTHERS
.....RESPONDENTS
CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU
Present: Mr. Arshpreet Khadial, Advocate for the petitioners.
Mr. Rituraj Singh, DAG, Punjab.
Mr. Varinder Singh, Advocate for respondents No.2 and 3.
MANDEEP PANNU, J (ORAL)
1. This is a petition under Section 528 of BNSS,2023 (Section 482
Cr.P.C.) for quashing of FIR No. 0135, dated 15.07.2025, under Sections 338,
305, 306, 351 and 61(2) of BNS Act, 2023 (corresponding to Sections 467, 380,
381, 503 and 120-B IPC, 1860), registered at Police Station Kotwali, District
Bathinda (Annexure P-1), with all the consequential proceedings arising
therefrom, on the basis of compromise dated 24.02.2026 (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 07.04.2026, 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 23.04.2026 has been received from Judicial
ANU Magistrate, 1st Class, Bathinda, stating that the parties have entered into a
CRM-M-13846-2026 (O&M) -2-
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 givefull effect to the same unless such compromise is abhorrent to lawful composition of the society or would promote savagery."
CRM-M-13846-2026 (O&M) -3-
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
among 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. 0135, dated 15.07.2025, under Sections
338, 305, 306, 351 and 61(2) of BNS Act, 2023 (corresponding to Sections 467,
380, 381, 503 and 120-B IPC, 1860), registered at Police Station Kotwali,
District Bathinda (Annexure P-1), with all the consequential proceedings arising
therefrom, is quashed qua the petitioners, on the basis of compromise dated
24.02.2026 (Annexure P-2).
9. The present petition is hereby allowed.
(MANDEEP PANNU) 29.04.2026 JUDGE Anu
Whether speaking/reasoned Yes/No Whether reportable Yes/No
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