Manjit Singh And Others vs State Of Punjab And Another
- Court
- Punjab and Haryana High Court
5183-2025 (O&M)
-1-
CRM-M-45
IN
THE HIGH COURT OF PUN
NJAB & HARYANA AT
ARH
CHANDIGA
(277)
CRM
Date
M-M-45183-2025 (O&M)
of Decision: 03.09.2026
MANJIT SI
INGH AND OTHERS
......PETITIONERS
Versus
STATE OF
PUNJAB AND ANOTHER
.....RESPONDENTS
CORAM: H
Present:
HON'BLE MS. JUSTICE NEE
ERJA K. KALSON
Mr. Vikas Gupta, Advocate
for the petitioners.
Mr. Nitish Sharma, DAG, Punj
Mr. Shubham Mehta, Advocate
for respondent No.2
jab
e
NEERJA K
K. KALSON, J. (ORAL)
1.
The instant petition has been
n filed under Section 528 of th
he
Bharatiya N
Nagarik Suraksha Sanhita, 2023 f
for quashing of FIR No.215 date
ed
23.08.2019
under Sections 420, 467, 468
8, 471, 120-B IPC, registered a
at
Police Stati
ion City Tarn Taran, District T
Tarn Taran (Annexure P-1) alon
ng
with all the
e subsequent proceedings. The q
quashing of FIR has been sough
ht
on the basis
s of compromise arrived at betwe
een the parties (Annexure P-2).
2.
Heard learned counsel for the
e parties. Case file has also bee
en
perused car
efully.
3.
This Court while issuing not
tice of motion vide order date
ed
13.10.2025,
, had directed the parties to
appear before the learned tria
al
ATUL KUMAR TRIPATHI
2026.09.08 09:51
I attest to the accuracy and
integrity of this document
-2-
CRM-M-45183-2025 (O&M)
Magistrate/ Duty Magistrate for recording of their statements, with regard to
the compromise.
4. Pursuant to aforesaid order, a report from the Court of learned
Additional Chief Judicial Magistrate, Tarn Taran dated 15.11.2025 has been
received. A perusal of above said report reveals that statements of the
concerned persons have been recorded, who have stated that the matter has
been settled between them, amicably, and that they have no objection if the
FIR in question is quashed. As per report the compromise effected between
the parties is genuine, without any undue influence and coercion.
5. As far as the offences, allegedly committed by the petitioners,
are concerned, a perusal of the record shows that the offences punishable
under Sections 420, 467, 468, 471, 120-B IPC for which the petitioners have
been prosecuted, are compoundable/non-compoundable as per law. If the
facts and circumstances pertaining to present case are analysed in the
backdrop of relevant principles of law, it transpires:-
i) that the occurrence involved in the present case is purely personal
and private in nature;
ii) that there is no criminal history of the petitioners;
iii) that it does not involve heinous and serious offence of mental
depravity;
iv) that the action of petitioners do not have a serious impact on the
society; and
v) that the cause of administration of criminal justice system would
remain unaffected on acceptance of the amicable settlement between
the parties.
vi) that the accused and the private respondent(s) have amicably settled
the matter between them in terms of the compromise deed and the
statements recorded before the concerned Court;
vii) that a perusal of the documents reveal that the settlement has not
been secured through coercion, threats, social boycotts, bribes, or
ATUL KUMAR TRIPATHI other dubious means;
2026.09.08 09:51
I attest to the accuracy and
integrity of this document
-3-
CRM-M-45183-2025 (O&M)
viii) that the victim has willingly consented to the nullification of criminal
proceedings;
ix that there is no objection from the private respondents in case
present FIR and consequent proceedings are quashed;
x) that in the given facts, the occurrence does not affect public peace or
tranquility, moral turpitude or harm the social and moral fabric of
the society or involve matters concerning public policy;
xi) that the rejection of compromise may lead to ill will and the
pendency of trial affects career and happiness;
xii) that there is nothing on the record to prima facie consider the
accused as an unscrupulous, incorrigible, and professional offender;
xiii) that the exercise of the inherent power for quashing the conviction,
sentence and all previous proceedings are justified to secure the
ends of justice.
6. With regard to quashing on the basis of compromise the Full
Bench of this Court in Kulwinder Singh and others Vs. State of Punjab ,
2007 (3) RCR (Criminal) 1052 , held that the High Court has jurisdiction,
by virtue of Section 482 Cr.P.C, to allow the compounding of non-
compoundable offence(s) and quash the proceedings, 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.
7. The Hon’ble Supreme Court of India in the case of Gian Singh
Vs. State of Punjab and another, 2012(4) RCR (Criminal) 543 , 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. As per Hon’ble
Supreme Court, 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
ATUL KUMAR TRIPATHI
2026.09.08 09:51
I attest to the accuracy and
integrity of this document
-4-
CRM-M-45183-2025 (O&M)
compounding the offences under Section 320 of the Code of Criminal
Procedure. 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 of justice or (ii) to prevent abuse of the
process of any Court.
8. In view of the afore-referred principles of law, and the report of
the learned Additional Chief Judicial Magistrate, Tarn Taran, regarding
amicable settlement between the petitioners and respondent No.2, this Court
finds that quashing of 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.
9. Resultantly, the present petition is hereby allowed and the FIR
No.215 dated 23.08.2019 under Sections 420, 467, 468, 471, 120-B IPC,
registered at Police Station City Tarn Taran, District Tarn Taran (Annexure
P-1) along with all other consequential proceedings arising therefrom, is
hereby quashed on the basis of compromise (Annexure P-2).
(NEERJA K. KALSON)
JUDGE
03.09.2026
Atul
1. Whether speaking/reasoned Yes/No
2. Whether reportable Yes/No
ATUL KUMAR TRIPATHI
2026.09.08 09:51
I attest to the accuracy and
integrity of this document