Hirdaipal Singh Alias Hirdey Pal Singh and Another v. State of Punjab and Another

I Hirdaipa

State of P

CORAM

Present:

SUMEET

¶1Pre Sanhita, 2 Balbir Sin 471 and 1 Class, Lu P-2), and comprom On 'The P-1) com peti term Das DB. IN THE HIGH COURT OF PU AT CHANDI ***** al Singh @ Hirdeypal Singh an

Versus Punjab and another M: HON'BLE MR. JUSTICE SU Mr. Jasman Singh Gill, Advo Ms. Aiman J. Chishti, AAG, Mr. Abhishek Sharma, Advo --- T GOEL, J. (ORAL) esent petition has been filed und 2023 for quashing of a complai ngh v. Kuldeep Singh and other 120-B of IPC, pending before th udhiana alongwith summoning d all subsequent proceedings a ise deed dated 8.9.2025 (Annexu

24.9.2025, the following order w e petitioners have approached this C ) and all consequential proceedings mpromise having been effected betwe itioners has submitted that all concer ms of the dicta of the Division Bench j s Vs. State of Haryana and another', . -1 UNJAB AND HARYANA IGARH

CRM-M No.54130 of 20 Date of decision : 30.10.20 d another

………….Petitioners s

…….Respondents UMEET GOEL ocate, for the petitioners Punjab ocate, for the complainant der Section 528 of Bharatiya Ny int bearing no.COMI 253/15 tit rs under Sections 420/465/467/4 he Court of Judicial Magistrate order dated 23.5.2019 (Annex arising therefrom on the basis ure P-4). was passed: Court seeking quashing of FIR (Annex emanating therefrom on the basis o en the parties. Learned counsel for rned are parties to the present petitio judgment of this Court passed in 'Rak , Neutral Citation: 2024:PHHC;1476

-

aya tled 468/ e Ist xure of xure of a r the n in kesh 654-

Not At t on b Mr. No.2 The com Afte man the a co com coer The afte ice of motion. this stage, Mr. Amit Kumar Goyal, A behalf of respondent No.1-State of Pun Abhishek Sharma, Advocate has cau 2 (Through V.C.) and filed his vakala e parties are directed to get their s mpromise in the following manner:

(i) The parties shall appear be concerned on 04.10.2025 or a Court/Illaqa Magistrate for recor as of the complainant qua the fa such appearance is made, the tr needful for recording the stateme compromise. It shall be open to th record the statements of the pa conferencing as deemed appropri

(ii) In case the statement is to be the parties concerned shall be du by their respective counsel, subj Officer.

(iii) The trial Court/Illaqa Ma statements of the parties recorded by the Court who would be some the Bar. In case the statement is such Commissioner/Advocate sh statements to the effect that the p he/she had recorded their statem had been duly identified by their to satisfaction of trial Court/Illaqa er recording the statements of all the nner, the trial Court/Illaqa Magistrat statements so recorded as to whether ompromise and as to whether the comp mpromise and has been effected witho rcion. e trial Court/Illaqa Magistrate shall a er seeking information from Investigat

(i) Whether there is any arrayed in this petition? -2 Addl. AG, Punjab has put in appearan njab and accepts notice. used appearance on behalf of respond tnama. The same be taken on record. statements recorded qua the factum efore the trial Court/Illaqa Magist any date thereafter as fixed by t rding statements of the petitioner as w factum of compromise. As and when rial Court/Illaqa Magistrate shall do ents of the parties qua the factum of he trial Court/Illaqa Magistrate to ei arties by physical process or by vi iate by the trial Court/Illaqa Magistra e recorded by way of video conferenc uly identified through video conferenc ject to the satisfaction of the Presid agistrate may also choose to get d through some Commissioner, appoin e Advocate having sufficient standing s recorded through some Commissio hall furnish an affidavit after record parties had appeared before him/her ents as per law and that the said par respective counsel. This shall be sub a Magistrate. affected parties in either of the afores te shall submit its report on the basi r all the affected parties have entered promise in question is found to be a v out there being any kind of influence also report as regards the following f ting Officer, concerned: other accused other than the petitio

- nce dent of trate trial well any the f the ther ideo ate. cing, cing ding the nted g at ner, ding rties bject said is of into valid e or facts oner,

The

30.1 The Cou Pay for r

¶3Pur Magistrat As per the '(i) Hrid

(ii) resp

(iii) case Fro reco will

¶4Lea of parties impugned

¶5Sim case the i matter am

¶6I ha through th

(ii) Whether there is any o party other than the respon

(iii) Whether any accused e report be submitted before this Court

10.2025. e petitioners are directed to deposit a urt Lawyers Welfare Fund, Bank detai Account No.65018692589 IFSC Code: SBIN0050306 Branch Code: 50306; Bank: State Bank of India,

yment of costs and production of recei recording of statements in the manner rsuant to the aforesaid order, rep e Ist Class, Ludhiana has been r e report, the Trial Court has reco In the present case, there are only dai Pal Singh in this case. There is only one complainant in th pondent in the petition. No accused is absconding or decl e. Compromise has been effected bet m the statements of the parties rec ord that the parties have compromised l, without any threat, pressure or undu arned counsel for respondent N having compromised and states d order is quashed. milarly, learned State counsel has impugned order is quashed as micably. ave heard learned counsel for th he records of the case. -3 other complainant or affected/ aggrie ndents, arrayed in the petition? has been declared Proclaimed Offend t before the next date of hearing i.e. sum of ₹50,000/-as costs with the H ils whereof reads thus: ; 6; , High Court Branch, Chandigarh ipt thereof shall be a condition preced r directed for hereinabove.' port dated 24.10.2025 from Judi received, which is taken on reco orded as follows:-

two accused namely Kuldeep Singh his case and he has been arrayed as lared proclaimed offender person in tween both the parties valid and genu corded by undersigned, it comes out d the matter with their free consent, sw ue influence and it is genuine.' o.2/complainant admits the fact that he has no objection in case s stated that she has no objection the parties have compromised he parties and have carefully go

- eved der? High dent cial ord. s the any uine. t on weet tum the n in the

¶7Thi exercise o in non-co Punjab a State of P and anoth (Criminal The propo by Apex C

is Court and Apex Court has r of jurisdiction under Section 482 ompoundable offences in the c and another, 2012 (10) SCC 30 Punjab & another, 2007 (3) RCR her vs. State of Madhya Prades l Appeal No.1489 of 2012 deci osition of law that emerges from Court and this Court is:

(a) Power u/s 482 Cr.P.C. ves and is unaffected by Section 320

(b) However, wider the power g

(c) The underlining principle wh can be invoked to quash the pr between the parties in the matt predominantly of civil characte arising out of matrimonial relat

(d) The said power is not to involving heinous and serious offences like murder, rape, dac private in nature and have a ser

(e) Section 482 Cr.P.C. casts du interest of justice as well. It is upon the High Court, that Ape would not refuse to quash FIR FIR finds mention thereof. H injuries sustained, whether such parts of the body/nature of weap

(f) Such exercise at the hands of only after the evidence is collec sheet is filed/ charges framed cannot be carried out while the

(g) While quashing FIR in non-are private in nature, High antecedents of the accused, con was absconding or whether he enter into a compromise. -4 repeatedly dealt with the issue 2 of the Code to quash proceed cases of Gian Singh vs. State 03, Kulwinder Singh & others R (Criminal) 1052 and Ram Gop sh, 2021 (4) R.C.R. (Criminal) 3 ided on 29th of September, 202 m the aforesaid decisions rende sted with this Court is much wi 0 of the Code. greater the caution. hile exercising such power is tha roceedings recognizing comprom ters which are overwhelmingly a er like commercial transactions tionship or family disputes. be exercised in the prosecuti s offences of mental depravity coity etc. as such offences are rious impact on society. uty upon the High Court to adva s in recognition of this duty cas ex Court held that the High Co under Section 307 merely beca High Court can assess nature h injuries inflicted on vital/delic pons used etc. of High Court would be permissi cted after investigation and char d during the trial. Such exerc matter is still under investigatio -compoundable offences even wh Court is required to consi nduct of the accused and whether e has managed the complainant

- e of ding e of vs. opal 21). ered ider at it mise s or ons or not nce sted ourt ause of cate ible rge-cise on. hich ider r he

CRM-M No.54130 of 2025 -5-

¶8Thus, 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 tranquility amongst parties & will accordingly further the cause 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 petition is allowed. Complaint bearing no.COMI 253/15 titled Balbir Singh v. Kuldeep Singh and others under Sections 420/465/467/468/ 471 and 120-B of IPC, pending before the Court of Judicial Magistrate Ist Class, Ludhiana alongwith summoning order dated

23.5.2019 (Annexure P-2), and all consequent proceedings arising therefrom, on the basis of 8.9.2025 (Annexure P-4), are, hereby, quashed qua the petitioners.

(SUMEET GOEL) JUDGE

30.10.2025 Ashwani o o Whetherospeaking/reasoned:oo Yes/Noo