Gurinder Singh v. State of Punjab and Others

IN TH

GURINDER S STATE OF PU

CORAM: HO

Present: M M M * SUMEET GO

1.

P Section 528 B No.39, dated 191(3), 190 o Station City K therefrom.

O

" (Annexure P-1) compromise hav has submitted th the Division Ben another', Neutra N A appearance on b M respondent Nos.2 T compromise in th

HE HIGH COURT OF PUNJA CHANDIGAR

C D SINGH

Versus UNJAB AND OTHERS ON'BLE MR. JUSTICE SUME Mr. Simranjit Singh, Advocate fo Mr. Gaurav Gurcharan S. Rai, DA Mr. Himanshu Arora, advocate fo ** OEL, J. (ORAL) Present petition (CRM-M-5204 Bharatiya Nagarik Suraksha San

24.05.2025 under Sections 10 of The Bharatiya Nyaya Sanh Kurali, District SAS Nagar, and a On 17.09.2025, the following ord The petitioners have approached t and all consequential proceedings e ving been effected between the partie hat all concerned are parties to the p nch judgment of this Court passed in al Citation: 2024:PHHC;147654-DB. Notice of motion. t this stage, Mr. Amit Kumar Go behalf of respondent No.1-State of Pun Mr. Himanshu Arora, Advocate ha 2 to 4. The same be taken on record. The parties are directed to get their s he following manner:

AB AND HARYANA AT RH CRM-M-52047-2025 Date of decision: 27.10.2025

….Petitioner

.…Respondents EET GOEL or the petitioner. AG, Punjab. or respondents No.2 to 4. 47-2025) has been filed unde nhita, 2023, for quashing of FIR 09, 333, 115(2), 351(2), 324(4 hita (BNS), registered at Polic all subsequent proceedings arisin der was passed: this Court seeking quashing of FI emanating therefrom on the basis of es. Learned counsel for the petitioner present petition in terms of the dicta o 'Rakesh Das Vs. State of Haryana an oyal, Addl. AG, Punjab has put i njab and accepts notice. as filed vakalatnama on behalf o statements recorded qua the factum o

er R ), ce ng IR f a rs of nd in of Af aforesaid manne the statements s compromise and compromise and T facts after seekin

(i) Whether there

(ii) Whether the respondents, arr

(iii) Whether any

(i) The parties shall ap Magistrate concerned o fixed by trial Court/Illaq of the petitioner as well of compromise. As and the trial Court/Illaqa recording the statement compromise. It shall Magistrate to either re physical process or appropriate by the trial

(ii) In case the statement conferencing, the parti through video confere subject to the satisfactio

(iii) The trial Court/Illaqa M statements of the Commissioner, appoint Advocate having suffic statement is recorded Commissioner/Advocate recording statements appeared before him/h statements as per law a identified by their respe satisfaction of trial Cou fter recording the statements of all er, the trial Court/Illaqa Magistrate so recorded as to whether all the d as to whether the compromise d has been effected without there being The trial Court/Illaqa Magistrate shal ng information from Investigating Offi e is any other accused other than the p ere is any other complainant or aff rayed in the petition? y accused has been declared Proclaim

ppear before the trial Court/Illaq on 22.09.2025 or any date thereafter a qa Magistrate for recording statemen l as of the complainant qua the factum d when any such appearance is mad Magistrate shall do the needful fo ts of the parties qua the factum of th be open to the trial Court/Illaq ecord the statements of the parties b by video conferencing as deeme Court/lllaqa Magistrate. is to be recorded by way of vide ies concerned shall be duly identifie encing by their respective counse on of the Presiding Officer. Magistrate may also choose to get th parties recorded through som ted by the Court who would be som ient standing at the Bar. In case th through some Commissioner, suc e shall furnish an affidavit afte to the effect that the parties ha /her and he/she had recorded the and that the said parties had been du ective counsel. This shall be subject t rt/Illaqa Magistrate. l the affected parties in either of th shall submit its report on the basis o affected parties have entered into in question is found to be a vali g any kind of influence or coercion. ll also report as regards the followin ficer, concerned: petitioner, arrayed in this petition? ffected/aggrieved party other than th med Offender?

qa as ts m de, for he qa by ed eo ed el, he me me he ch er ad eir ly to he of a id ng

T

27.10.2025. T High Court Lawy A IF B B P precedent for rec

¶3Pursuan Magistrate 1st taken on recor " in compliance w Court, Chandiga get their stateme In Mohammed Juna Mohammed Isma Aamirnagar, Po House no. Ranji Nagar, Punjab w T the present FIR 191(3), 190 of B Junaid complain village Bhajauli, with the interven matter with the a against unknown stated that the s influence from a aforesaid accuse be quashed again

The report be submitted before this Co The petitioner are directed to deposit yers Welfare Fund. Bank details wher ccount No.65018692589; FSC Code: SBIN0050306; Branch Code: 50306 & Bank: State Bank of India, High Court Payment of costs and production of cording of statements in the manner d nt to the aforesaid order, report t Class, Kharar/UID No.PB049 rd. As per the report, the Trial Co With reference to the subject cited ab with order dated 17.09.2025 passed by arh in CRM-M No. 52047 of 2025, as ents recorded qua the factum of compr n compliance of the abovesaid orde aid son of Mohammed Ismail and inj ail and Shahruk @ Shahrukh son of olice Station Titwai, District Muzaff it Singh Sarpanch, Ward No.6, Near were recorded on 22.09.2025. The complainant and injured have suff No.39 dated 24.05.2025 under Sect BNS has been registered at PS City K nant against the accused Gurinder S , Tehsil Kharar, District S.A.S. Nagar ntion of the respectable persons of th aforesaid accused Gurinder Singh. Th n persons and now they have no gru said compromise is genuine, voluntar any corner and in future, they shall n ed persons in the present FIR. They ha nst the accused persons. They have pl

ourt before the next date of hearing i. t a sum of ₹10,000/- as costs with th reof reads thus: Branch, Chandigarh f receipt thereof shall be a conditio directed for hereinabove." t dated 24.09.2025 from Judicia 91, has been received, which i ourt has recorded as follows:- bove, I have the honour to submit tha y the Hon'ble Punjab & Haryana Hig per which the parties were directed t romise. er, joint statement of the complainan jured namely Mohammed Javed son o f Liyakat @ Liakat, residents of villag far Nagar, U.P. presently residing a r Gugga Maari, Kurali, District S.A.S fered a joint statement to the effect tha tion 109, 333, 115(2), 351(2), 324(4 Kurali on the statement of Mohamme Singh son of Mohan Singh, resident o r (Mohali) and unknown persons. No he society, they have compromised th hey do not want to take any legal actio udge against each other. They furthe ry and without any coercion or undu not take any further action against th ave no objection if the present FIR ma laced on record copy of compromise

e. he on al is at gh to nt of ge at S. at 4), ed of w he on er ue he

dated 03.08.202 Mark A1, Mark A Si of village Bhaja with regard to th C3. St also been record further stated th 115(2), 351(2), 3 the statement of village Aamirnag at House of Ranj Nagar, Punjab a Bhajauli, Tehsil one complainant has been declare H that:-

(i) There are oth

(ii) There is n respondents, arr

(iii) No accused From statement voluntarily and o Hence, the requi your good-self."

4.

L parties having impugned FIR

5.

S in case the im matter amicab

6.

I gone through t

25 as Annexure P-2. They placed on A2 and Mark A3 respectively. imilarly, statement of accused Gurind auli, Tehsil Kharar, District S.A.S. N he compromise. He also placed on rec tatement of ASI Sukhdev Singh no.25 ded to the effect that he is the Invest hat the present FIR no.39 dated date 324 (4), 191(3), 190 of BNS 2023, ha f complainant Mohammed Junial son gar, Police Station Titwai, District M jit Singh Sarpanch, Ward No.6, Near against accused Gurinder Singh son Kharar, District S.A.S. Nagar (Moha t Mohammed Junaid whereas two inj ed as proclaimed offender. Hence, in these circumstances, from ab her 7-8 unknown accused other than th no any other complainant or affec rayed in the petition. has been declared as proclaimed offe of above persons, ex-facie, it trans out of free will of the parties qua comp isite report is submitted for kind perus " Learned counsel for respondent g compromised and states that R is quashed. Similarly, learned State counsel h mpugned FIR is quashed as th bly. have heard learned counsel fo the records of the case. It appear

record copy of their Aadaar Card a der Singh son of Mohan Singh, residen Nagar, Mohali has also been recorde cord copy of his Aadhaar Card as Mar 58/SBSN, posted at PS City Kurali ha tigation Officer of the present FIR. H ed 24.05.2025 under Section 109, 333 as been registered at PS City Kurali o n of Mohammed Ismail, resident of o Muzaffar Nagar, U.P. presently residin r Guggar Maari, Kurali, District S.A.S n of Mohan Singh, resident of villag ali) and 7-8 unknown persons. There njured in the present case. No accuse bove statements, it is humbly submitte he petitioner, arrayed in this petition. cted/aggrieved party other than th ender. spire that the compromise is genuin plainant and accused. sal of No.2 to 4 admits the factum o he has no objection in case th has stated that he has no objectio e parties have compromised th or the parties and have carefull rs that from the milieu of the case

as nt ed rk as He 3, on of ng S. ge is ed ed he e, of he on he ly e in hand, offen made out.

7.

T exercise of jur non-compound and another, Punjab & an another vs. S (Criminal App proposition of Court and this

(a) P is un

(b) H

(c) T can betw pred aris

(d) invo offen priv

(e) S inter the H refu men whe body

(f) S only shee be c

nce under Section 109 of BNS (r This Court and Apex Court has r risdiction under Section 482 of dable offences in the cases of 2012 (10) SCC 303, Kulwind nother, 2007 (3) RCR (Crimin State of Madhya Pradesh, 20 peal No.1489 of 2012 decided o f law that emerges from the afore s Court is: Power u/s 482 Cr.P.C. vested w naffected by Section 320 of the C However, wider the power great The underlining principle while be invoked to quash the proce ween the parties in the matters dominantly of civil character l ing out of matrimonial relationsh The said power is not to be olving heinous and serious off nces like murder, rape, dacoity vate in nature and have a serious Section 482 Cr.P.C. casts duty rest of justice as well. It is in rec High Court, that Apex Court he se to quash FIR under Section ntion thereof. High Court can as ether such injuries inflicted y/nature of weapons used etc. Such exercise at the hands of H y after the evidence is collected et is filed/ charges framed durin carried out while the matter is sti

read with 307 of the IPC) was no repeatedly dealt with the issue o the Code to quash proceeding i Gian Singh vs. State of Punja der Singh & others vs. State o nal) 1052 and Ram Gopal an 021 (4) R.C.R. (Criminal) 32 on 29th of September, 2021). Th esaid decisions rendered by Ape with this Court is much wider an Code. ter the caution. e exercising such power is that eedings recognizing compromis s which are overwhelmingly an like commercial transactions o hip or family disputes. e exercised in the prosecution ffences of mental depravity o ty etc. as such offences are no s impact on society. upon the High Court to advanc cognition of this duty casted upo eld that the High Court would no n 307 merely because FIR find ssess nature of injuries sustained on vital/delicate parts of th High Court would be permissibl d after investigation and charge ng the trial. Such exercise canno ill under investigation.

ot of in ab of nd he ex nd it se nd or ns or ot ce on ot ds d, he le e-

(g) are p of t absc a co Thus, k is of the consi u/s 482 Cr.P.C

C

24.05.2025 un The Bharatiya District SAS hereby, quashe

¶10Photoco

¶11Pending

27.10.2025 Gurpreet

While quashing FIR in non-com private in nature, High Court is the accused, conduct of the conding or whether he has mana ompromise. keeping in view the aforesaid fac idered opinion that it is a fit ca C. to quash the FIR as :-

(i) Putting a quietus to the pr tranquility amongst parties & w of substantial justice.

(ii) The offences alleged are pr

(iii) The parties have comprom

(iv) As per the report receive voluntary in its nature.

(v) Complainant/victim is r compromise on his own volition

Consequently, the petition is nder Sections 109, 333, 115(2) a Nyaya Sanhita (BNS), register Nagar and all consequent pro ed on the basis of compromise q opy of this order be placed on the g application(s), if any, shall also

mpoundable offences even whic required to consider antecedent accused and whether he wa aged the complainant to enter int cts and circumstances, this Cou ase to exercise jurisdiction veste roceedings will bring peace an will accordingly further the caus rimarily of private nature. mised. ed the compromise is said to b reported to have entered int n. s allowed. FIR No.39, date , 351(2), 324(4), 191(3), 190 o red at Police Station City Kural oceedings arising therefrom are qua the petitioner. e connected case file. o stand disposed off. (SUMEET GOEL)

JUDGE d:

ch ts as to rt ed nd se be to ed of li, e,