IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-46712-2025 (O&M)

BHUSHAN BHARDWAJ ....PETITIONERS V/s STATE OF PUNJAB AND ANOTHER ....RESPONDENTS Date of decision: 11.12.2025 Date of Uploading:11.12.2025 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Vikas Kuthiala, Advocate for the petitioner (Through VC).

Mr. Adhiraj Singh Thind, AAG, Punjab.

Mr. Virender Kumar, Advocate for respondent No.2.

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SUMEET GOEL , J .

1. The present petition has been filed under Section 528 of BNSS, 2023 for quashing of FIR No.0137 dated 05.08.2023 under Sections 406, 420 of IPC, registered at Police Station Mataur, SAS Nagar Punjab and all consequential proceedings arising therefrom on the basis of compromise/settlement dated 18.09.2023 (Annexure P-3), which is stated to have been effected between the parties.

2 On 12.11.2025, the following order was passed:

“Mr. Virender Kumar, Advocate, has put in appearance on behalf of respondent No.2 and has filed his vakalatnama in Court today. The same be taken on record.

At this juncture, learned counsel for the petitioner submits that an amicable settlement has been entered into between rival parties. This stand is not refuted by learned counsel for respondent No.2.

At joint request, parties are directed (through their respective counsels) to appear before the Mediation and Conciliation Centre of this Court on 17.11.2025.

Put up on 11.12.2025 along with the report of the Mediator.

Be taken up in the urgent cause list.

Since the parties, as per their admitted case, have entered into a settlement, this Court deems it appropriate to stay further proceedings before the trial Court till the next date of hearing.”

3. A report has been received from the Mediation & Conciliation Centre of this Court that a compromise has been entered into the rival parties vide compromise/settlement deed dated 17.11.2025 (copy whereof has been appended with the said report.

4. Though the petition in hand was filed for quashing of the FIR in question on merits, during the course of proceedings, the rival parties have entered into a compromise vide compromise/settlement dated 17.11.2025.

5. Learned counsel for respondent No.2 admits the factum of parties having compromised and states that he has no objection in case the FIR and all proceedings subsequent thereto against the petitioner is quashed. 6. Similarly, learned State counsel has stated no objection in case the FIR is quashed based upon the compromise/settlement entered between the parties.

7. I have heard learned Counsel for the parties and have carefully gone through the records of the case.

8. This Court and the Hon’ble Apex Court has repeatedly dealt with the issue of exercise of jurisdiction under Section 482 of the Code to quash proceeding in non-compoundable offences in the cases of Gian Singh vs. State of Punjab and another, 2012(10) SCC 303, Kulwinder Singh & others vs. State of Punjab & another, 2007 (3) RCR (Criminal) 1052 and Ram Gopal and another vs. State of Madhya Pradesh, 2021(4) R.C.R. (Criminal) 322 (Criminal Appeal No.1489 of 2012 decided on 29th of September, 2021). The proposition of law that emerges from the aforesaid decisions rendered by the Hon’ble Apex Court and this Court is :

(a) Power u/s 482 Cr.P.C. vested with this Court is much wider and is unaffected by Section 320 of the Code.

(b) However, wider the power greater the caution.

(c) The underlining principle while exercising such power is that it can be invoked to quash the proceedings recognizing compromise between the parties in the matters which are overwhelmingly and predominantly of civil character like commercial transactions or arising out of matrimonial relationship or family disputes.

(d) The said power is not to be exercised in the prosecutions involving heinous and serious offences of mental depravity or offences like murder, rape, dacoity etc. as such offences are not private in nature and have a serious impact on society.

(e) Section 482 Cr.P.C. casts duty upon the High Court to advan