Citation : 2026 Latest Caselaw 693 P&H
Judgement Date : 27 January, 2026
CRM-M-69713-2025 -1-
272 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-69713-2025
Date of decision: 27.01.2026
RAVEL SINGH AND ORS. ...PETITIONERS
VERSUS
STATE OF PUNJAB AND ANR. ...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ
Present: Mr. S.K.Choudhary, Advocate (through video conferencing)
for the petitioners.
Mr. Adesh Pal Singh, AAG, Punjab.
Mr. G.S. Bhinder, Advocate for respondent No. 2.
****
RAJESH BHARDWAJ, J. (ORAL)
1. Instant petition has been filed praying for quashing of FIR No.0243
dated 05.12.2021 registered under Sections 420, 467, 468, 471, 120-B of IPC,
at Police Station Sujanpur, District Pathankot and all subsequent proceedings
arising therefrom, on the basis of compromise dated 20.11.2025 (Annexure P-
2).
2. The FIR in question was lodged by complainant-respondent No.2
and the investigation commenced thereon. However, with the intervention of
respectables, finally the parties arrived at settlement and they resolved their
inter se dispute, which is apparent from Annexures P-2. On the basis of the
compromise, the petitioners are praying that continuation of these proceedings
would be a futile exercise and an abuse of process of the Court and thus, the
FIR in question and all the subsequent proceedings arising therefrom may be
quashed in the interest of justice.
3. This Court vide order dated 12.12.2025 directed the parties to
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appear before the trial Court/Illaqa Magistrate for recording their statements,
as contended before the Court, and the trial Court/Illaqa Magistrate was also
directed to send its report.
4. In pursuance to the same, learned Chief Judicial Magistrate,
Pathankot has sent the report dated 07.01.2026. With the report, she has
annexed the original statement of complainant/respondent No.2, namely,
Jagdish Kumar and the joint statement of accused/petitioners, Ravel Singh,
Dilbagh singh and Bodh Raj dated 24.12.2025 and the statement of ASI
Baldev Singh dated 03.01.2026. On the basis of the statements, learned Chief
Judicial Magistrate, Pathankot has concluded in its report that the compromise
is genuine, voluntarily and without any coercion or undue influence. It has
been mentioned in the report that there are total 03 accused persons. It is
further mentioned in the report that the petitioners neither as declared
proclaimed offender nor they are involved in any other case.
5. Learned counsel for the petitioners has submitted that the parties
have compromised the matter amicably and have decided to get the FIR
registered against the petitioners quashed and as such the present petition is
liable to be accepted.
6. Learned counsel for respondent No.2 has also pleaded no objection,
if the present FIR is quashed.
7. I have heard learned counsel for the parties, perused the record and
the report sent by learned Chief Judicial Magistrate, Pathankot .
8. A bare perusal of statutory provisions of the 528 of Bhartiya Nagrik
Suraksha Sanhita, 2023 would show that the High Court may make such
orders, as may be necessary to give effect to any order under this Code or to
prevent abuse of the process of any Court or otherwise to secure the ends of
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justice. Section 359 Bhartiya Nagrik Suraksha Sanhita, 2023 is equally
relevant for consideration, which prescribes the procedure for compounding of
the offences under the BNS, 2023.
9. Keeping in view the nature of offences allegedly committed and the
fact that both the parties have amicably settled their dispute, the continuation
of criminal prosecution would be a futile exercise. The Hon'ble Supreme
Court in a number of cases including Narinder Singh and others Versus
State of Punjab and another, 2014 (6) SCC 466, B.S.Joshi and others vs
State of Haryana and another (2003) 4 Supreme Court Cases 675 followed
by this Court in Full Bench case of Kulwinder Singh and others Vs. State of
Punjab and another, 2007(3) RCR 1052 have dealt with the proposition
involved in the present case and settled the law.
10. Thereafter, Hon'ble Supreme Court in Gian Singh vs State of
Punjab and another (2012) 10 Supreme Court Cases 303 further dealt with
the issue and the earlier law settled by the Supreme Court for quashing of the
FIR in State of Haryana vs Bhajan Lal, 1992 Supp (1) SCC 335. Para 61 of
the judgment reads as under:-
"61. 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. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances 3 of 5
of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have a serious impact on society. Similarly, any compromise between the victim and offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity, etc; cannot provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on a different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. In this category of cases, the High Court may quash criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in the affirmative, the High Court shall be
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well within its jurisdiction to quash the criminal proceeding."
11. Applying the law settled by Hon'ble Supreme Court in plethora of
judgments and this High Court it is apparent that when the parties have
entered into a compromise, in the nature of cases as prescribed then
continuation of the proceedings would be merely an abuse of process of the
Court and by allowing and accepting the prayer of the petitioners by quashing
the FIR would be securing the ends of justice, which is primarily the object of
the legislature enacting under Section 482 Cr.P.C.
12. In the facts and circumstances, this Court finds that the case in hand
squarely falls within the ambit and parameters settled by judicial precedents
and hence, FIR No.0243 dated 05.12.2021 registered under Sections 420, 467,
468, 471, 120-B of IPC, at Police Station Sujanpur, District Pathankot and all
the subsequent proceedings arising therefrom, are hereby quashed qua the
petitioners, on the basis of compromise (Annexure P-2).
13. Needless to say that the parties shall remain bound by the terms and
conditions of the compromise and their statements recorded before the Court
below. Petition stands allowed.
27.01.2026 (RAJESH BHARDWAJ)
renubala JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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