IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NARINDER KUMAR – Appellant
Versus
STATE OF PUNJAB AND ANOTHER – Respondent
256 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 30.01.2026 NARINDER KUMAR ...PETITIONER VERSUS STATE OF PUNJAB AND ANR. ...RESPONDENTS CORAM: HON’BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Rajesh K. Dadwal, Advocate for the petitioner.
Mr. Adesh Pal Singh, AAG, Punjab.
Mr. R.K. Choudhary, Advocate for respondent No.2.
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RAJESH BHARDWAJ, J. (ORAL)
1. Instant petition has been filed praying for quashing of FIR No.129 dated 04.11.2023 registered under Section 409 of IPC, 1860 at Police Station Hariana, District Hoshiarpur and all subsequent proceedings arising therefrom, on the basis of compromise dated 15.09.2025 (Annexure P-2).
2. The FIR in question was lodged by complainant-respondent No.2 and the investigation commenced thereon. However, with the intervention of respectables, finally the parties arrived at settlement and they resolved their inter se dispute, which is apparent from Annexures P-2. On the basis of the compromise, the petitioner are praying that continuation of these proceedings would be a futile exercise and an abuse of process of the Court and thus, the FIR in question and all the subsequent proceedings arising therefrom may be quashed in the interest of justice.
3. This Court vide order dated 03.12.2025 directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements, as contended before the Court, and the trial Court/Illaqa Magistrate was also directed to send its report.
4. In pursuance to the same, learned Judicial Magistrate 1st Class, Hoshiarpur has sent the report dated 09.01.2026. With the report, he has annexed the original statement of complainant/respondent No.2, namely, Karam Chand and the statement of accused/petitioner, namely, Narinder Kumar dated 15.12.2025 and the statement of ASI Manvir Singh dated 05.01.2026. On the basis of the statements, learned Judicial Magistrate 1st Class, Hoshiarpur has concluded in its report that the compromise is genuine, voluntarily and without any coercion or undue influence. It has been mentioned in the report that there is only 01 accused persons. It is further mentioned in the report that the petitioner neither as declared proclaimed offender nor he is involved in any other case.
5. Learned counsel for the petitioner has submitted that the parties have compromised the matter amicably and have decided to get the FIR registered against the petitioner quashed and as such the present petition is liable to be accepted.
6. Status report by way of affidavit of Narinder Singh, PPS, Deputy Superintendent of Police, Sub-Division Rural, District Hoshiarpur on behalf of the respondent-State has been filed in Court today and the same is taken on record. Copy thereof has been supplied to the counsel opposite.
7. Learned counsel for respondent No.2 has also pleaded no objection, if the present FIR is quashed.
8. I have heard learned counsel for the parties, perused the record and the report sent by learned Sub Divisional Judicial Magistrate, Abohar.
9. A bare perusal of statutory provisions of the 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 would show that the High Court may make such orders, as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. Section 359 Bhartiya Nagrik Suraksha Sanhita, 2023 is equally relevant for consideration, which prescribes the procedure for compounding of the offences under the BNS, 2023.
10. Keeping in view the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, the continuation of criminal prosecution would be a futile exercise. The Hon'ble Supreme Court in a number of cases including Narinder Singh and others Versus State of Punjab and another, 2014 (6) SCC 466, B.S.Joshi and others vs State of Haryana and another (2003) 4 Supreme Court Cases 675 followed by this Court in Full Bench case of Kulwinder Singh and others Vs. State
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