Surinder Singh Alias Shinder And Others vs State Of Punjab And Others on 20 May, 2026

    0
    18
    ADVERTISEMENT

    Punjab-Haryana High Court

    Surinder Singh Alias Shinder And Others vs State Of Punjab And Others on 20 May, 2026

                          IN THE HIGH COURT OF PUNJAB & HARYANA
                                       AT CHANDIGARH
                 270                            CRM-M-13586-2026 (O&M)
                                                Date of decision: 20.05.2026
                 SURINDER SINGH ALIAS SHINDER AND OTHERS ... Petitioners
                                        Versus
                 STATE OF PUNJAB AND OTHERS                  ... Respondents
                 CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                 Present :
                        Mr. Sukhbir Maandi, Advocate, for the petitioners.
                        Mr. Ravneet Singh Lekhi, AAG, Punjab.
                        Ms. Amarjeet Kaur, Advocate for
                        Mr. JS Mahal, Advocate for respondent Nos.2 and 3.
                        ****
                 AMAN CHAUDHARY, J. (Oral)
    

    1. The present petition has been filed for quashing of FIR No.302 dated
    29.12.2025, registered under Sections 118(1), 115(2), 117(2), 333, 305, 351(3),
    3(5) of BNS, 2023 (corresponding to sections 324, 323, 325, 452, 380, 506, 34
    IPC), at Police Station City Tarn Taran, District Tarn Taran, and all other
    consequential proceedings arising therefrom on the basis of the compromise
    dated 27.02.2026.

    2. This Court while issuing notice of motion vide orders dated
    12.03.2026 and 20.04.2026, directed the parties to appear before the trial
    Court/Illaqa Magistrate for recording their statements with regard to the
    compromise.

    SPONSORED

    3. Pursuant to the aforesaid order, report dated 07.05.2026 has been
    received from the Ld. CJM, Tarn Taran. A perusal of 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 four accused. None of the accused has been declared as
    proclaimed offender and are not involved in any other FIR.

    4. Heard learned counsel for the parties and also gone through the case
    file.

    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

    ASHOK KUMAR
    2026.05.20 17:13
    I attest to the accuracy and
    integrity of this document
    CRM-M-13586-2026 (O&M) -2-
    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 of India 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”

    7. In view of the afore-referred judgments, perusing the report of the
    trial Court regarding amicable settlement between the petitioner 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.302 dated
    29.12.2025, registered under Sections 118(1), 115(2), 117(2), 333, 305, 351(3),
    3(5) of BNS, 2023 (corresponding to sections 324, 323, 325, 452, 380, 506, 34
    IPC), at Police Station City Tarn Taran, District Tarn Taran, and all other
    consequential proceedings arising therefrom are quashed qua the petitioners on
    the basis of the compromise dated 27.02.2026.

    
    
                                                                     (AMAN CHAUDHARY)
                 20.05.2026                                               JUDGE
                 ashok
                            Whether speaking/reasoned        :      Yes/No
                            Whether reportable               :      Yes/No
    ASHOK KUMAR
    2026.05.20 17:13
    I attest to the accuracy and
    integrity of this document
    



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here