SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(P&H) 27666

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGDISH SINGH AND ANOTHER – Appellant
Versus
STATE OF PUNJAB AND ANOTHER – Respondent



##PAGE1##

1. The prayer in the present petition is for quashing of FIR No.124 dated 27.04.2022, registered under Sections 420, 465, 467, 468, 471 and 120-B IPC at Police Station City Kharar, SAS Nagar, Mohali, on the basis of compromise and memorandum of understanding executed

between the parties.

2. This Court while issuing notice of motion vide order dated 09.01.2026, directed the parties to appear before the trial Court/Illaqa

Magistrate for recording their statements with regard to the compromise.

3. Pursuant to the aforesaid order, report dated 27.03.2026 has been received from the Sub Divisional Judicial Magistrate, Kharar. 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 PARVEEN KUMAR 2026.03.30 19:24

I attest to the accuracy and integrity of this order/judgment.

##PAGE2##

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 two accused. None of the accused has been declared

as proclaimed offender.

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 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

PARVEEN KUMAR 2026.03.30 19:24 I attest to the accuracy and integrity of this order/judgment.

##PAGE3##

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.124 dated 27.04.2022, registered under Sections 420, 465, 467, 468, 471 and 120-B IPC at Police Station City Kharar, SAS Nagar, Mohali, and all other consequential proceedings arising therefrom are quashed qua the

petitioners on the basis of the compromise.

PARVEEN KUMAR 2026.03.30 19:24 I attest to the accuracy and integrity of this order/judgment.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top