Gurjot Singh v. State of Punjab and Anr

I Gurjot Si State of P

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Present:

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Versus Punjab and another M: HON'BLE MR. JUSTICE SU Mr. Arun Takhi, Advocate, f Mr. Gaurav Gurcharan S. Ra Mr. Naman Takhi, Advocate --- T GOEL, J. (ORAL) esent petition has been filed unde Sanhita, 2023 for quashing of im ections 406 and 420 of IPC nals (Regulation) Act, 2014, reg alandhar Rural; and all subsequ sis of compromise dated 1.12.20

19.3.2026, the following order w e petitioner has approached this Cou and all consequential proceedings e mpromise having been effected betwe itioner has submitted that all concern ms of the dicta of the Division Bench j s Vs. State of Haryana and another', .

e parties are directed to get their s mpromise in the following manner: UNJAB AND HARYANA IGARH

CRM-M No.9612 of 20 Date of decision : 9.7.20 Date of uploading : 9.7.20

………….Petitioner s

…….Respondents UMEET GOEL for the petitioner ai, Senior DAG, Punjab , for respondents no.2 er Section 528 of Bharatiya Naga mpugned FIR No.5 dated 10.1.20 C, Section 13 of Punjab Tra gistered at Police Station Adamp uent proceedings arising therefr 25 (Annexure P-2). was passed: urt seeking quashing of FIR (Annexure emanating therefrom on the basis o en the parties. Learned counsel for ned are parties to the present petitio judgment of this Court passed in 'Rak , Neutral Citation: 2024:PHHC;1476 statements recorded qua the factum

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(i) The parties shall appear be concerned on 24.03.2026 or a Court/Illaqa Magistrate for recor as of the complainant qua the fa such appearance is made, the tr needful for recording the stateme compromise. It shall be open to th record the statements of the pa conferencing as deemed appropri

(ii) In case the statement is to be the parties concerned shall be du by their respective counsel, subj Officer.

(iii) The trial Court/Illaqa Ma statements of the parties recorded by the Court who would be some the Bar. In case the statement is such Commissioner/Advocate sh statements to the effect that the p he/she had recorded their statem had been duly identified by their to satisfaction of trial Court/Illaqa er recording the statements of all the nner, the trial Court/Illaqa Magistrat statements so recorded as to whether ompromise and as to whether the comp mpromise and has been effected witho rcion. e trial Court/Illaqa Magistrate shall a er seeking information from Investigat

(i) Whether there is any other acc this petition?

(ii) Whether there is any other c other than the respondents, array

(iii) Whether any accused has bee e report be submitted before this Co

04.2026. e petitioner is directed to deposit a sum ryana High Court Employees Welfare s: efore the trial Court/Illaqa Magist any date thereafter as fixed by t rding statements of the petitioner as w factum of compromise. As and when rial Court/Illaqa Magistrate shall do ents of the parties qua the factum of he trial Court/Illaqa Magistrate to ei arties by physical process or by vi iate by the trial Court/Illaqa Magistra e recorded by way of video conferenc uly identified through video conferenc ject to the satisfaction of the Presid agistrate may also choose to get d through some Commissioner, appoin e Advocate having sufficient standing s recorded through some Commissio hall furnish an affidavit after record parties had appeared before him/her ents as per law and that the said par respective counsel. This shall be sub a Magistrate. affected parties in either of the afores te shall submit its report on the basi r all the affected parties have entered promise in question is found to be a v out there being any kind of influence also report as regards the following f ting Officer, concerned: cused other than the petitioner, arraye complainant or affected/ aggrieved p ed in the petition? en declared Proclaimed Offender? ourt before the next date of hearing m of ₹25,000/- as costs with the Punja Association, Bank details whereof rea

trate trial well any f the ther ideo ate. cing, cing ding nted g at ner, ding rties bject said is of into valid e or facts ed in arty i.e. ab &

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¶3Pur Magistrat As per the 'i) A Rav regi Cha no o

(ii) resp

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(iv) ques coer Account No.37167209613; IFSC Code: SBIN0050306; Branch Code: 50306; Bank: State Bank of India, High C yment of costs and production of recei recording of statements in the manner s explicit that depositing of costs shall petitioner(s).'

12.5.2026, the following order w atements of the parties could not be re rned counsel for the rival private ording the statements of the parties. ordingly, the parties are directed to

5.2026 for recording their statemen lier passed by this Court. r awaiting report, put up on 9.7.2026. rsuant to the aforesaid orders, re e Ist Class, Jalandhar, has been e report, the Trial Court has reco As per the statement of Retired Inspec vinder Singh No.311/Hoshiarpur, the istered on the statement of the com ander Hans, against the accused Gurj other accused except the petitioner of There is no other complainant or pondents Kamlesh Kumari in the prese The accused Gurjot Singh has bee er dated 30.11.2019 in the present F inst the accused Gurjot Singh i.e. FIR 6, 420 of IPC, P.S Mukerian and FIR N 4, 326, 323, 186, 148, 149 of IPC, P.S used Gurjot Singh was declared proc Rs vide order dated 20.09.2019 & 06.0 All the affected parties have entered stion is found valid and has been ef rcion.' Court Branch, Chandigarh . ipt thereof shall be a condition preced r directed for hereinabove. l not create any kind of equity in favou was passed: ecorded. e parties seek another opportunity o appear before the concerned Court nts in terms of order dated 19.3.20 ' eport dated 30.5.2026 from Judic received, which is taken on reco orded as follows:-

ctor Sham Singh Belt No.259/Jal. and e FIR No.05 dated 10.01.2019 has b mplainant Kamlesh Kumari wife of S jot Singh son of Joginder Singh. Ther f the present petition. affected/aggrieved party other than ent case. en declared as proclaimed offender v FIR. There are two other FIRs registe R No.84 dated 17.05.2016, under Secti No.206 dated 17.08.2017, under Secti S Adampur, District Jalandhar Rural claimed person in both above mentio

04.2019, respectively. d into a compromise and compromis ffected without any kind of influence

dent ur of for t on 026, cial ord. d SI been Sant re is vide ered ions ions oned se in

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¶7Thi exercise o in non-co Punjab a State of P and anoth (Criminal The propo by Apex C arned counsel for respondent N ompromised and states that h d FIR is quashed. milarly, learned State counsel has impugned FIR is quashed as t micably. ave heard learned counsel for th he records of the case. is Court and Apex Court has r of jurisdiction under Section 482 ompoundable offences in the c and another, 2012 (10) SCC 30 Punjab & another, 2007 (3) RCR her vs. State of Madhya Prades l Appeal No.1489 of 2012 deci osition of law that emerges from Court and this Court is:

(a) Power u/s 482 Cr.P.C. ves and is unaffected by Section 320

(b) However, wider the power g

(c) The underlining principle wh can be invoked to quash the pr between the parties in the matt predominantly of civil characte arising out of matrimonial relat

(d) The said power is not to involving heinous and serious offences like murder, rape, dac private in nature and have a ser

(e) Section 482 Cr.P.C. casts du interest of justice as well. It is upon the High Court, that Ape No.2 admits the factum of par he has no objection in case s stated that she has no objection the parties have compromised he parties and have carefully go repeatedly dealt with the issue 2 of the Code to quash proceed cases of Gian Singh vs. State 03, Kulwinder Singh & others R (Criminal) 1052 and Ram Gop sh, 2021 (4) R.C.R. (Criminal) 3 ided on 29th of September, 202 m the aforesaid decisions rende sted with this Court is much wi 0 of the Code. greater the caution. hile exercising such power is tha roceedings recognizing comprom ters which are overwhelmingly a er like commercial transactions tionship or family disputes. be exercised in the prosecuti s offences of mental depravity coity etc. as such offences are rious impact on society. uty upon the High Court to adva s in recognition of this duty cas ex Court held that the High Co

rties n in one e of ding e of vs. opal 21). ered ider at it mise s or ons or not nce sted

¶8Thu Court is jurisdictio

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9.7.2026 Ashwani

would not refuse to quash FIR FIR finds mention thereof. H injuries sustained, whether such parts of the body/nature of weap

(f) Such exercise at the hands of only after the evidence is collec sheet is filed/ charges framed cannot be carried out while the

(g) While quashing FIR in non-are private in nature, High antecedents of the accused, con was absconding or whether he enter into a compromise. us, keeping in view the afores of the considered opinion that on vested u/s 528 of BNS, 2023 t Putting a quietus to the pr nquility amongst parties & wil bstantial justice. The offences alleged are primar ) The parties have compromised ) As per the report received the its nature. Complainant/victim is reported his own volition.

nsequently, the petition is allo ections 406 and 420 of IPC nals (Regulation) Act, 2014, reg alandhar Rural; and all subsequ asis of compromise dated 1.12. qua the petitioner.

under Section 307 merely beca High Court can assess nature h injuries inflicted on vital/delic pons used etc. of High Court would be permissi cted after investigation and char d during the trial. Such exerc matter is still under investigatio -compoundable offences even wh Court is required to consi nduct of the accused and whether e has managed the complainant said facts and circumstances, t t it is a fit case to exercise to quash the FIR as :- roceedings will bring peace a ll accordingly further the cause rily of private nature. d. compromise is said to be volunt d to have entered into comprom owed. FIR No.5 dated 10.1.20 C, Section 13 of Punjab Tra gistered at Police Station Adamp uent proceedings arising therefr .2025 (Annexure P-2) are, here (SUMEET GOE

JUDGE

ause of cate ible rge-cise on. hich ider r he t to this e of tary mise avel pur, rom eby, EL)