Ravinder Pal And Anr vs State Of Punjab And Anr

IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
(212) CRM-M-57219-2026
Date of Decision: 12.11.2026
Date of uploading: 13.11.2026
Ravinder Pal & Anr. --Petitioners
Versus
State of Punjab & Anr. --Respondents
CORAM:- HON'BLE MR. JUSTICE SUMEET GOEL.
Present:- Mr. S.K. Choudhary, Advocate for the
petitioners (through V.C.).
Mr. Anup Singh, AAG, Punjab.
Mr. G.S. Bhinder, Advocate for
respondent no.2.
*
SUMEET GOEL.J (Oral)
1. Present petition has been filed under Section 528 of Bharatiya
Nagarik Suraksha Sanhita, 2023 for quashing of FIR No.0008 dated
16.05.2026 under Sections 420, 120-B IPC, registered at Police Station NRI
Gurdaspur and all subsequent proceedings arising therefrom on the basis of
compromise dated 10.09.2026 (Annexure P-2).
2 On 06.10.2026, the following order was passed:
“The petitioners have approached this Court seeking quashing
of FIR (Annexure P-1) and all consequential proceedings emanating
therefrom on the basis of a compromise having been effected between
the parties. Learned counsel for the petitioners has submitted that all
concerned are parties to the present petition in terms of the dicta of
the Division Bench judgment of this Court passed in ‘ Rakesh Das Vs.
State of Haryana and another’, Neutral Citation:
2024:PHHC;147654-DB.
Notice of motion.
LUCKY
2026.11.13 15:49
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CRM-M-57219-2026 -2-
At this stage, Mr. Adhiraj Singh, AAG, Punjab has put in
appearance on behalf of respondent No.1-State of Punjab and
accepts notice.
Mr. G.S. Bhinder, Advocate has entered appearance on behalf
of respondent No.2.
The parties are directed to get their statements recorded qua
the factum of compromise in the following manner:
(i) The parties shall appear before the trial Court/Illaqa Magistrate
concerned on 12.10.2026 or any date thereafter as fixed by trial
Court/Illaqa Magistrate for recording statements of the petitioner as
well as of the complainant qua the factum of compromise. As and
when any such appearance is made, the trial Court/Illaqa Magistrate
shall do the needful for recording the statements of the parties qua
the factum of the compromise. It shall be open to the trial
Court/Illaqa Magistrate to either record the statements of the parties
by physical process or by video conferencing as deemed appropriate
by the trial Court/Illaqa Magistrate.
(ii) In case the statement is to be recorded by way of video
conferencing, the parties concerned shall be duly identified through
video conferencing by their respective counsel, subject to the
satisfaction of the Presiding Officer.
(iii) The trial Court/Illaqa Magistrate may also choose to get the
statements of the parties recorded through some Commissioner,
appointed by the Court who would be some Advocate having
sufficient standing at the Bar. In case the statement is recorded
through some Commissioner, such Commissioner/Advocate shall
furnish an affidavit after recording statements to the effect that the
parties had appeared before him/her and he/she had recorded their
statements as per law and that the said parties had been duly
identified by their respective counsel. This shall be subject to
satisfaction of trial Court/Illaqa Magistrate.
After recording the statements of all the affected parties in
either of the aforesaid manner, the trial Court/Illaqa Magistrate shall
submit its report on the basis of the statements so recorded as to
whether all the affected parties have entered into a compromise and
LUCKY
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CRM-M-57219-2026 -3-
as to whether the compromise in question is found to be a valid
compromise and has been effected without there being any kind of
influence or coercion.
The trial Court/Illaqa Magistrate shall also report as regards
the following facts after seeking information from Investigating
Officer, concerned:
(i) Whether there is any other accused other than the
petitioner, arrayed in this petition?
(ii) Whether there is any other complainant or affected/
aggrieved party other than the respondents, arrayed in the petition?
(iii) Whether any accused has been declared Proclaimed
Offender?
The report be submitted before this Court before the next date
of hearing i.e. 12.11.2026.
₹
The petitioners are directed to deposit a sum of 10,000/- as
costs with the Punjab & Haryana High Court Bar Clerks’
Association, Bank details whereof reads thus:
Account No. 65004775776;
IFSC Code: SBIN0050306;
Branch Code: 50306;
Bank: State Bank of India, High Court Branch, Chandigarh.
Payment of costs and production of receipt thereof shall be a
condition precedent for recording of statements in the manner
directed for hereinabove.
It is explicit that depositing of costs shall not create any kind of
equity in favour of the petitioner(s).”
3. Pursuant to the aforesaid order, report dated 21.10.2026 from
the learned CJM, Gurdaspur has been received, which is taken on record. As
per the report, the Trial Court has recorded as follows:-
“Hon'ble Punjab & Haryana High Court vide Order
dated 06.10.2026 passed in CRM-M-57219-2026 has directed
the parties to appear before the trial Court/Illaqa Magistrate
for recording their statement on 12.10.2026 or any other date
thereafter qua the factum of compromise and the report is
LUCKY
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CRM-M-57219-2026 -4-
awaited before the next date of hearing i.e. 12.11.2026.
Further, the payment of costs and production of receipt thereof
was made condition precedent for recording the statements in
the manner directed for in the aforementioned Order.
Report of Ahlmad of the Court is called and as per his
report, according to CIS system, challan in the present FIR has
already been presented in the Court.
In compliance of aforementioned Order passed by
Hon'ble Punjab and Haryana High Court, Chandigarh,
petitioners have produced the receipt of payment of cost of Rs.
10,000/- in the bank as detailed in the Order dated 06.10.2026.
Statement of IO/ASI Satnam Singh no.4/79, presently
posted at Police Station NRI Gurdaspur is recorded as per
which FIR No.0008 dated 16.05.2026 under Section 420, 120-
B IPC(318(4), 61 BNS) registered at Police Station NRI
Gurdaspur which was registered on the statement of
complainant/respondent No.2 Gurmeet Singh son of Avtar
Singh resident of Anmol Colony, New Municipal Colony, Ward
no.39, Dhakki Road, Pathankot, Tehsil and District Pathankot
against accused person namely, Ravinder Pal son of Bhajan
Lal and Renu Bala wife of Ravinder Pal, both residents of
1136, Gali no.3, Ram Sharnam Colony, Ward no.20 Pathankot,
Tehsil and District Pathankot. As per his record, accused
persons are not involved in any other case. Except above
mentioned accused persons, no one else is arrayed as accused
in this FIR. Except complainant/respondent no.2 Gurmeet
Singh, no other affected/aggrieved party is involved in this
FIR. The accused persons are not declared proclaimed
offender in this FIR. Challan has already been presented
before the Court.
The parties suffered their statements voluntarily and
without arly coercion or undue influence before Court as they
have compromised their dispute with the intervention of
relatives and respectable persons of the locality, which seems
to be genuine.
LUCKY
2026.11.13 15:49
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CRM-M-57219-2026 -5-
I submit the following information in a tabulated form:
Sr. Information Remarks
No.
1. Whether all the affected parties
have entered into a compromise
and as to whether the
compromise in question is
found to be valid compromise
and has been effected without
there being any kind of
influence or coercion.
Yes, as per the statements recorded,
all the affected parties have entered
into a compromise and the
compromise in question is valid
compromise and has been effected
without there being any kind of
influence or coercion.
2. Whether there is any other
accused other than the
petitioner, arrayed in this
petition.
No, as per the statement of IO ASI
Satnam Singh no.4/79, there is no
any other accused other than the
petitioners arrayed in this petition
or FIR.
3. Whether there is any other
complainant affected/aggrieved
party other than the
respondents, arrayed in the
petition.
No, as per the statement of IO ASI
Satnam Singh no.4/79, no any other
complainant or affected/aggrieved
party other than the respondents
arrayed in the petition.
4. Whether any accused has been No, as per the statement of IO ASI
declared Proclaimed Offender? Satnam Singh no.4/79 no accused
has been declared Proclaimed
Offender.
Report submitted for kind perusal. ”
4. Learned counsel for respondent No.2 admits the factum of
parties having compromised and states that he has no objection in case the
impugned FIR and all subsequent proceedings thereto against the petitioners
are quashed.
5. Similarly, learned State counsel has stated that he has no
objection in case the impugned FIR is quashed as the parties have
compromised the matter amicably.
6. I have heard learned counsel for the parties and have carefully
gone through the records of the case.
7. This Court and Apex Court has repeatedly dealt with the issue
of exercise of jurisdiction under Section 482 of the Code to quash
LUCKY
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CRM-M-57219-2026 -6-
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 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
advance interest of justice as well. It is in recognition of this
duty casted upon the High Court, that Apex Court held that the
High Court would not refuse to quash FIR under Section 307
merely because FIR finds mention thereof. High Court can
assess nature of injuries sustained, whether such injuries
inflicted on vital/delicate parts of the body/nature of weapons
used etc.
(f) Such exercise at the hands of High Court would be
permissible only after the evidence is collected after
investigation and charge-sheet is filed/ charges framed during
the trial. Such exercise cannot be carried out while the matter
is still under investigation.
(g) While quashing FIR in non-compoundable offences even
which are private in nature, High Court is required to consider
antecedents of the accused, conduct of the accused and
whether he was absconding or whether he has managed the
LUCKY
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CRM-M-57219-2026 -7-
complainant to enter into a compromise.”
8. Thus, keeping in view the aforesaid facts and circumstances,
this Court is of the considered opinion that it is a fit case to exercise
jurisdiction vested u/s 528 of BNS, 2023 to quash the FIR as :-
(i) Putting a quietus to the proceedings will bring peace and
amongst parties & will accordingly further thecause of
substantial justice.
(ii) The offences alleged are primarily of private nature.
(iii) The parties have compromised.
(iv) As per the report received the compromise is said to be
voluntary in its nature.
(v) Complainant/victim is reported to have entered into
compromise on his own volition.
9. Consequently, the petitions is allowed. FIR No.0008 dated
16.05.2026 under Sections 420, 120-B IPC, registered at Police Station NRI
Gurdaspur and all subsequent proceedings arising therefrom on the basis of
compromise dated 10.09.2026 (Annexure P-2), are hereby, quashed qua the
petitioners.
(SUMEET GOEL)
12.11.2026 JUDGE
lucky
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
LUCKY
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authenticity of this order/judgement
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