Gurteshwar Singh And Others vs State Of Punjab And Others on 28 April, 2026

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    Punjab-Haryana High Court

    Gurteshwar Singh And Others vs State Of Punjab And Others on 28 April, 2026

                                   IN THE HIGH COURT OF PUNJAB & HARYANA
                                               AT CHANDIGARH
                  270
                                                                       CRM-M-14951-2026 (O&M)
                                                                       Date of decision: 28.04.2026
    
                  Gurteshwar Singh and Others
                                                                                         ....Petitioners
                                                      Versus
    
                  State of Punjab and Others
                                                                                        ...Respondents
    
                  CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                                    *****
                  Present : Mr. Rajesh K. Dadwal and Mr. Manan Bhardwaj, Advocates
                            for the petitioners
    
                                   Mr. Ravneet Singh Lekhi, AAG Punjab
    
                         Mr. Naveen Kumar Mehra, Advocate for respondent Nos.2 to 6
                                             *****
                  AMAN CHAUDHARY, J. (ORAL)
    

    1. The present petition has been filed for quashing of FIR No.45,

    dated 10.05.2025, registered under Sections 126(2), 118, 115(2), 351(3), 296,

    SPONSORED

    191(3), 190 BNS (Old Sections 323, 324, 294, 327, 339, 506(2), 149 IPC), at

    Police Station Jodhan, District Ludhiana, and all other consequential

    proceedings arising therefrom on the basis of the compromise dated 12.02.2026

    (Annexure P-3).

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

    file.

    3. This Court while issuing notice of motion vide order dated

    20.03.2026, directed the parties to appear before the trial Court/Illaqa Magistrate

    for recording their statements with regard to the compromise.

    4. Pursuant to the aforesaid order, report dated 13.04.2026 has been

    received from the learned Judicial Magistrate 1st Class, Ludhiana. A perusal of

    MOHIT
    2026.04.28 17:45
    I attest to the accuracy and
    integrity of this document
    CRM-M-14951-2026 (O&M) -2-

    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 seven accused. None of the

    accused has been declared as proclaimed offender and are not involved in any

    other FIR.

    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 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 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”

    MOHIT

    2026.04.28 17:45
    I attest to the accuracy and
    integrity of this document

    CRM-M-14951-2026 (O&M) -3-

    7. In view of the afore-referred judgments, perusing the report of the

    trial Court regarding amicable settlement between the petitioners 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.45, dated

    10.05.2025, registered under Sections 126(2), 118, 115(2), 351(3), 296, 191(3),

    190 BNS (Old Sections 323, 324, 294, 327, 339, 506(2), 149 IPC), at Police

    Station Jodhan, District Ludhiana, and all other consequential proceedings

    arising therefrom are quashed qua the petitioners on the basis of the compromise

    dated 12.02.2026.

    
    
    
                                                                      (AMAN CHAUDHARY)
                                                                            JUDGE
                  28.04.2026
                  M.Kamra
    
                            Whether speaking/reasoned             :      Yes / No
                            Whether reportable                    :      Yes / No
    
    
    
    
    MOHIT
    2026.04.28 17:45
    I attest to the accuracy and
    integrity of this document
    



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