IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 09.03.2026 SUKHWINDER SINGH …..PETITIONER Versus STATE OF PUNJAB AND OTHERS .....RESPONDENTS CORAM: HON’BLE MS. JUSTICE NEERJA K. KALSON Present:- Mr. Kuldeep Singh Saini, Advocate for the petitioner.
Mr. Nitesh Sharma, DAG, Punjab.
Mr. N.S. Dhaliwal, Advocate for respondent Nos.2 and 3.
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NEERJA K. KALSON, J .
1. Prayer in the instant petition filed under Section 528 of BNSS, 2023 is for quashing of FIR No.124 dated 25.09.2016 (Annexure P-1) registered under Sections 354-A, 323, 201 and 34 of IPC, 1860 at Police Station Kharar, District Mohali and all the consequential proceedings arising therefrom on the basis of compromise dated 05.09.2025 (Annexure P-2) effected between the petitioner and respondent Nos. 2 and 3.
2. This Court vide order dated 09.02.2026 had directed the parties to appear before the trial Court/Illaqa/Duty Magistrate to get their statements recorded and the learned trial Court/Illaqa/Duty Magistrate was directed to send its report qua the genuineness of the compromise.
3. Pursuant to the aforesaid order, parties have appeared before Judicial Magistrate Ist Class, Kharar and got their statements recorded. On the basis of the statements so recorded, learned Judicial Magistrate Ist Class, Kharar has submitted report dated 25.02.2026 to the effect that the compromise has been effected between the parties voluntarily and without any coercion or undue influence.
4. Learned State counsel as well as counsel for respondent Nos.2 and 3 have not disputed the factum of compromise between the parties.
5. It has been brought to the notice of this Court that another accused namely Jasbir Singh died during the pendency of the trial in present case. Resultantly, present petition has been filed on behalf of the petitioner only.
6. In view of the aforesaid facts and circumstances, it is manifest that the dispute between the parties stems from a longstanding personal enmity, as alleged by the complainant at the time of FIR registration, wherein she claimed harassment by the accused persons over the past 15 years. The parties have now voluntarily and amicably resolved their differences through a genuine compromise, duly verified and undisputed. Continuation of the criminal proceedings in such circumstances would be futile and an abuse of the process of law, serving no useful purpose whatsoever. Notably, the offences alleged in the present case do not fall within the category of henious or serious crimes that have a pervasive impact on society at large, instead, the matter is purely private and personal in nature, with no broader societal ramifications, and has now been effectively laid to rest by the parties’ mutual settlement.
7. Accordingly, in view of the compromise effected between the parties and following the principles of law laid down by the Full Bench judgment of this Court in Kulwinder Singh and others Versus State of Punjab and another 2007 (3) RCR (Criminal) 1052 and Hon'ble Supreme Court in Gian Singh Versus State of Punjab and others (2012) 10 SCC 303, this Court is satisfied that it is a fit case warranting exercise of discretion under Section 482 Cr.P.C/528 BNSS.
8. Consequently, this petition is allowed and FIR No.124 dated 25.09.2016 (Annexure P-1) registered under Sections 354-A, 323, 201 and 34 of IPC, 1860 at Police Station Kharar, District Mohali alongwith all the consequential proceedings arising therefrom, is hereby quashed qua the petitioner on the basis of compromise between the parties.
9. Pending application(s), if any, shall also stand disposed of.
(NEERJA K. KALSON)
09.03.2026 JUDGE
pry
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No