Back
2026 Supreme(Online)(P&H) 81576
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Jasjit Singh Bedi, J
BALDEV SINGH AND OTHERS – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
CRM-M-56579-2025
For the Appellants/Petitioners: J.S. Dhaliwal
For the Respondents: Shubham Mangla, Balwinder Singh
Offences under Section 307 IPC and the Arms Act are crimes against society and not private disputes; consequently, criminal proceedings for such grave offences cannot be quashed by the High Court based on a compromise between the victim and the offender.
Headnote:(A) Quashing of Criminal Proceedings - Non-compoundable Offences - Offences under Section 307 IPC and the Arms Act are categorized as heinous crimes against society rather than private disputes; therefore, they cannot be quashed solely on the basis of a compromise between the parties. (Para 11, 13, 14)
(B) Cross-Version Cases - Interdependence of Proceedings - Where the primary FIR involves grave offences against the state/society, a corresponding cross-version DDR cannot be quashed merely on the ground of a settlement if the main case remains non-quashable due to the nature of the injuries and weapons used. (Para 18)
Issues: Whether the criminal proceedings in a cross-version DDR can be quashed on the basis of a compromise when the main FIR involves serious offences under Section 307 IPC and the Arms Act.
JASJIT SINGH BEDI , J.(ORAL )
The prayer in the present petition under Section 528 of BNSS, 2023 is for quashing of the DDR No.43 dated 15.02.2019 under Sections 323 and 34 of IPC registered at Police Station Sardulgarh, District Mansa in FIR No.31 dated 15.02.2019 (Annexure P-1) under Sections 307, 323, 148 and 149 of IPC and Sections 25, 27, 54 and 59 of Arms Act, 1959 registered at Police Station Sardulgarh, District Mansa on the basis of compromise dated 27.08.2025 (Annexure P-2) as well as with all consequential proceedings arising thereof.
The FIR No.31 dated 15.02.2019 came to be registered at the instance of Balkar Singh @ Kala, which reads as under:-
“Statement of Balkar Singh @ Kala son of Mahender Singh, caste Jatt Sikh, Resident of KhialiChehlanwali, aged about 35 years,
Mobile No.: 97811-30701.
I state that I am a resident of the above-mentioned address and work in agriculture. Yesterday, 14-02-2019, I and Gurmel Singh @ Mela son of Sukhdev Singh, caste Jatt Sikh, Resident of KhialiChehlanwali, were returning home after visiting Sukhwinder Singh @ Sukha Bhaoo's house, traveling on the road built on the bank of the Nali (drain) towards the Ghaggar bridge on the main road.
At about 07:30 PM, when we reached near the Shani Temple, the lights installed on the side provided clear visibility. We were called out from behind, "Is Mela going?" When we turned back, we saw:
Jagtar Singh @ Jaggu (carrying a Pistol)
Harjit Singh (carrying a handle of a Kahi / hoe) (Both sons of Davinder Singh)
Jaswinder Singh @ Jassa son of Avtar Singh
Gurcharan Singh @ Foji son of Thakur Singh (also carrying a Dag / stick)
and 3-4 unidentified persons (whom I can identify upon seeing, carrying Baseballs)
They were rapidly approaching us from behind. At that moment, Jaswinder Singh @ Jassa raised a slogan (Lalkara) saying, "Teach Gurmel Singh @Mela a lesson for demanding money and submitting false applications against us! He has finally been caught; don't let him go easily.
"Fearing for our lives, we started running. Then Jagtar Singh @ Jaggu, with the intent to kill, fired his pistol towards us, which passed over us. He then fired a second time, and the bullet struck Gurmel Singh @ Mela on the back of his right thigh.
We raised an alarm ("Marta Marta"). Amandeep Kumar son of Sohan Lal, caste Arora, Resident of Sardulgarh, then arrived from the front. Seeing him, the said persons fled the spot with their respective weapons. Due to the gunshot injury, Gurmel Singh @ Mela fell down on the raw ground. Amandeep Kumar and I arranged for transport and admitted him to Civil Hospital Sardulgarh. From there, the doctor referred us to a better hospital, so we brought Gurmel Singh @ Mela to Civil Hospital Mansa and admitted him, where he is currently undergoing treatment.
The motive for the animosity is that Gurmel Singh @ Mela was supposed to receive money from the said Jagtar Singh @ Jaggu and had submitted applications against him, which are under investigation at P.S. Jhuneer. Due to this rivalry, the said individuals attacked us by firing bullets. Necessary legal action should be taken against the said persons.”
Thereafter, a cross version i.e. the present case was registered vide DDR No.43 dated 15.02.2019 at the instance of Harjit Singh @ Happy and reads as under:-
“At about 19:40 hours, a statement from Harjit Singh alias Happy son of Davinder Singh, caste Jatt Sikh, Resident of Ward No. 7, Sardulgarh, was received at the Police Station, delivered by PHG Ajaib Singh 21754, written by ASI Kulwant Singh 156. The contents of the statement are as follows: "Statement of Harjit Singh alias Happy son of Davinder Singh, caste Jatt Sikh, Resident of Ward No. 7, Sardulgarh, aged about 42 years, Mobile No. 98764-06608. I state that I am a resident of the above address and work as a farmer. On 14-02-19 at about 07:30 PM, my brother Jagtar Singh an
