As per case facts, government employees (respondent Nos.2 to 4) on night duty were stopped and assaulted by the petitioners (Inderjeet Suhag and Akshay Suhag) and others at their complaint ...
CRM-M-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Inderjeet Suhag and another
State of Haryana and others
CORAM:
Present:
SUMEET GOEL
1.
petitioners
2023, for quashing of FIR No.
referred as the impugned FIR) registered under Sections
324(6) of BNS
proceedings subsequent thereto, on the basis of a compromise deed
07.08.2025 (
petition.
2.
employees namely Rakesh (Lineman), Sunil (Assistant Lineman) and Mohit
(Assistant Lineman)
the complaint centre, Beri, when around 11:40 P.M. they returned from a
complaint
centre, which is located in the Dhar
stopped them from entering by saying that they had booked the
Dharamshala for their own use. The employees explained that it was the
official complaint center and they were on night duty. During this
-46800-2025
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Inderjeet Suhag and another
V/s
State of Haryana and others
CORAM: HON’BLE MR. JUSTICE SUMEET GOEL
Mr. Abhishek Goel, Advocate for the petitioners.
Mr. Vishal Singh, AAG Haryana.
Mr. Abhimanu Jangra, Advocate for respondent Nos.2 to 4.
*****
SUMEET GOEL, J.
The petition in hand has been preferred by
petitioners under Section 528 of the Bhar
for quashing of FIR No.234 dated
referred as the impugned FIR) registered under Sections
324(6) of BNS at Police Station Beri, Jhajjar, Haryana
proceedings subsequent thereto, on the basis of a compromise deed
07.08.2025 (Annexures P-2, P-4 and P
The gravamen of the impugned FIR is that
employees namely Rakesh (Lineman), Sunil (Assistant Lineman) and Mohit
(Assistant Lineman) (respondent Nos.2 to 4 herein)
the complaint centre, Beri, when around 11:40 P.M. they returned from a
t` visit to Jat Dharamshala, Beri. When they reached the complaint
centre, which is located in the Dharamshala, some people present there
stopped them from entering by saying that they had booked the
Dharamshala for their own use. The employees explained that it was the
complaint center and they were on night duty. During this
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-46800-2025
Date of decision: 09.10.202
....Petitioners
....Respondents
HON’BLE MR. JUSTICE SUMEET GOEL
Mr. Abhishek Goel, Advocate for the petitioners.
Mr. Vishal Singh, AAG Haryana.
Mr. Abhimanu Jangra, Advocate for respondent Nos.2 to 4.
has been preferred by the accused
of the Bharatiya Nagarik Suraksha Sanhita
dated 22.08.2024 (hereinafter to be
referred as the impugned FIR) registered under Sections 121(1), 132, 221,
Beri, Jhajjar, Haryana, as also the
proceedings subsequent thereto, on the basis of a compromise deed dated
4 and P-6) appended with the present
The gravamen of the impugned FIR is that on 21.08.2024,
employees namely Rakesh (Lineman), Sunil (Assistant Lineman) and Mohit
(respondent Nos.2 to 4 herein) were on night duty at
the complaint centre, Beri, when around 11:40 P.M. they returned from a
la, Beri. When they reached the complaint
mshala, some people present there
stopped them from entering by saying that they had booked the
Dharamshala for their own use. The employees explained that it was the
complaint center and they were on night duty. During this
.2025
the accused –
tiya Nagarik Suraksha Sanhita,
(hereinafter to be
121(1), 132, 221,
, as also the
dated
appended with the present
.2024,
employees namely Rakesh (Lineman), Sunil (Assistant Lineman) and Mohit
were on night duty at
the complaint centre, Beri, when around 11:40 P.M. they returned from a
la, Beri. When they reached the complaint
mshala, some people present there
stopped them from entering by saying that they had booked the
Dharamshala for their own use. The employees explained that it was the
complaint center and they were on night duty. During this
CRM-M-46800-2025 2
argument, the villagers informed the Sarpanch of Bishan village namely
Indrajit Suhag who alongwith his sons came to the spot. Without any
discussion, they started abusing, threatening and physically assaulting the
employees. They also threatened to kill them and get them fired from their
jobs. When the employees tried to contact the Junior Engineer (JE) namely
Anil on the government phone, Sarpanch namely Indrajit Suhag threw the
phone away by saying that he did not know any JE. This incident created
fear amongst the employees making it unsafe for them to perform night duty
at the complaint Centre. In view of this, a request was made to register an
FIR against Sarpanch Indrajit Suhag and his sons for obstructing
government work; issuing death threats and damaging a government phone.
Furthermore, employee namely Rakesh and Mohit were injured during the
course of the aforesaid occurrence. After investigation, it was found that
offences under Sections 132, 221, 324, 6 of BNS and other relevant law had
been committed. Accordingly, the instant case was registered. On
24.08.2024, based on the evidence, accused Inderjeet Suhag and Akshay
Suhag (petitioners herein) were arrested and their statements were recorded.
Based on these set of allegations, the impugned FIR was got registered.
3. Learned counsel for the petitioners has argued that the
petitioners have been falsely implicated into the impugned FIR,
whereinafter the trial Court has already taken cognizance of the case, issued
process against the petitioners and fixed 17.09.2025 for framing of charges.
According to learned counsel, the petitioners are on regular bail and have
been regularly appearing before the trial Court. Learned counsel for the
petitioners has further submitted that a compromise was entered into
between the petitioners and the FIR-complainant on 07.08.2025 (colly),
relevant whereof reads as under:-
CRM-M-46800-2025 3
“1. That the case FIR No. 234 dated 22.08.2024 under section 121
(1),132, 221, 324(6) of BNS has been registered by the Deponent against
the second parties/accused (Mr. Inderjeet Suhag 5/o Late Sh. Karan
Singh and Mr. Akshay Suhag 5/o Sh. Inderjeet Suhag) at P.S. Beri,
Jhajjar, Haryana.
2. That the said FIR was registered as the Deponent had mistakenly
Identified the second parties/accused (Mr. Inderjeet Suhag S/o Late Sh.
Karan Singh and Mr. Akshay Suhag S/o Sh. Inderjeet Suhag) and the sald
incident had nothing to do with the second parties/accused whatsoever.
3. That the Deponent now does not wish to take any legal action against
the second parties/accused (Mr. Inderjeet Suhag S/o Late Sh. Karan
Singh and Mr. Akshay Suhag S/o Sh. Inderjeet Suhag) as the Deponent
has now come to realise his mistake and have arrived at a mutual
settlement with the second party/accused In order to avoid any further
litigation and harassment to both or either of the parties in the future.
4. That the Deponent does not want to pursue the said FIR registered
against the second parties/accused (Mr. Inderjeet Suhag S/o Late Sh.
Karan Singh and Mr. Akshay Suhag S/o Sh. Inderjee No Ticket on the
Affidavit, only Notary Suhag) and has no objection if the FIR No. 234
dated 22.08.2024 under section 121 (2), 138) 223, 324(6) of BNS be
quashed.”
Learned counsel has, thus, iterated that the FIR in question,
which was got registered on account of a misunderstanding, has since been
resolved between the parties and in order to keep peace as also harmony, the
parties do not wish to continue with proceedings, including the impugned
FIR, against each other. Learned counsel has further submitted that,
pursuant to order dated 26.08.2025 earlier passed by this Court, statements
of the rival private parties were recorded before the concerned Magistrate
wherein the said parties have reiterated having entered into settlement and a
report dated 19.09.2025 has been received from the said Magisterial Court.
Learned counsel has further urged that no useful purpose would likely be
served by allowing the criminal prosecution to continue against the
petitioners. Thus, it has been reiterated that the petition in hand be granted.
CRM-M-46800-2025 4
4. Learned State counsel submits that the FIR in question was
registered for serious allegations of assault on the government employees
while on duty; obstruction of official work; criminal intimidation and
damage to government property. According to learned State counsel, the
offences alleged are not purely private in nature but involve an element of
public interest. Though the parties have entered into a compromise dated
07.08.2025 and the complainants have expressed no objection to quashing
of the FIR in question but while considering the compromise, the nature and
gravity of allegations are also to be taken into account as the offence(s) in
question related to assaulting public servants while on duty and obstruction
of government work. Learned State counsel has emphasized that the power
to quash lies only with this Court under Section 528 of BNSS, 2023 which
is to be exercised sparingly and cautiously. On the basis of aforesaid
submission, learned State counsel has prayed for dismissal of the petition in
hand.
5. Service was effected upon respondent Nos.2 to 4. Learned
counsel for the said respondents has submitted that the parties have
amicably settled the matter with the petitioners. Each of the complainants
has executed a compromise affidavit dated 07.08.2025 and categorically
stated that they have no objection if the FIR in question and all proceedings
arising therefrom are quashed against the petitioners. Furthermore, the
compromise has been arrived at voluntarily without any threat coercion or
undue influence. Thus, in view of the compromise duly executed between
the parties, learned counsel has prayed that the petition in hand be allowed
and the FIR in question and all consequential proceedings be quashed.
6. I have heard learned counsel for the parties and have perused
the record.
CRM-M-46800-2025 5
Prime Issue
7. The issue that arises for consideration in the present petition is
as to whether the impugned FIR and the proceedings arising therefrom
deserve to be quashed on the basis of compromise/settlement having been
arrived at between the rival private parties.
The seminal legal issue that arises for rumination is as to
whether an FIR (as also proceedings emanating therefrom) can be quashed
on the basis of compromise/settlement between the rival parties wherein the
FIR-complainant/victim/aggrieved person is a public servant.
8. Relevant Statutory Provisions
The Code of Criminal Procedure, 1973 (hereinafter to be
referred as ‘the Cr.P.C.)
Section 482 of Cr.P.C., 1973 reads as under:
“482. Saving of inherent power of High Court – Nothing in this Code
shall be deemed to limit or affect the inherent powers of the High Court to
make such orders as may be necessary to give effect to any order under
this Code, or to prevent abuse of the process of any Court or otherwise to
secure the ends of justice.”
The Bharatiya Nagarik Suraksha Sanhita, 2023
(hereinafter
to be referred as BNSS, 2023)
Section of the BNSS, 2023 reads as under:
“528. Saving of inherent powers of High Court – Nothing in this Sanhita
shall be deemed to limit or affect the inherent powers of the High Court to
make such orders as may be necessary to give effect to any order under
this Sanhita, or to prevent abuse of the process of any Court or otherwise
to secure the ends of justice.”
Relevant Case Law
9. The precedents, apropos to the matter(s) in issue, are as
follows:
CRM-M-46800-2025 6
I. Re: Powers of the High Court under Section 482 of Cr.P.C.,vis-a-
vis., quashing of the FIR/criminal proceedings on the basis of
compromise
(i) In a judgment titled as Gian Singh vs. State of Punjab and
another,
2012 (10) SCC 303 a three Judge Bench of the Hon’ble Supreme
Court has held as under:-
“48. The question is with regard to the inherent power of the High Court
in quashing the criminal proceedings against an offender who has settled
his dispute with the victim of the crime but the crime in which he is
allegedly involved is not compoundable under Section 320 of the Code.
xxx xxx xxx xxx
xxx xxx xxx xxx
57. The position that emerges from the above discussion can be
summarised thus: 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
compounding the offences under Section 320 of the Code. 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. In
what cases power to quash the criminal proceeding or complaint or F.I.R
may be exercised where the offender and victim have settled their dispute
would depend on the facts and circumstances of each case and no
category can be prescribed. However, before exercise of such power, the
High Court must have due regard to the nature and gravity of the crime.
Heinous and serious offences of mental depravity or offences like murder,
rape, dacoity, etc. cannot be fittingly quashed even though the victim or
victim’s family and the offender have settled the dispute. Such offences
are not private in nature and have serious impact on society. Similarly,
any compromise between the victim and offender in relation to the
offences under special statutes like Prevention of Corruption Act or the
offences committed by public servants while working in that capacity etc;
cannot provide for any basis for quashing criminal proceedings involving
such offences. But the criminal cases having overwhelmingly and pre-
dominatingly civil flavour stand on different footing for the purposes of
quashing, particularly the offences arising from commercial, financial,
mercantile, civil, partnership or such like transactions or the offences
arising out of matrimony relating to dowry, etc. or the family disputes
where the wrong is basically private or personal in nature and the parties
CRM-M-46800-2025 7
have resolved their entire dispute. In this category of cases, High Court
may quash criminal proceedings if in its view, because of the compromise
between the offender and victim, the possibility of conviction is remote
and bleak and continuation of criminal case would put accused to great
oppression and prejudice and extreme injustice would be caused to him
by not quashing the criminal case despite full and complete settlement
and compromise with the victim. In other words, the High Court must
consider whether it would be unfair or contrary to the interest of justice to
continue with the criminal proceeding or continuation of the criminal
proceeding would tantamount to abuse of process of law despite
settlement and compromise between the victim and wrongdoer and
whether to secure the ends of justice, it is appropriate that criminal case
is put to an end and if the answer to the above question(s) is in
affirmative, the High Court shall be well within its jurisdiction to quash
the criminal proceeding.
(ii) In a judgment titled as Narinder Singh vs. State of Punjab,
2014(6) SCC 466 , the Hon’ble Supreme Court has held as under:-
“31. In view of the aforesaid discussion, we sum up and lay down the
following principles by which the High Court would be guided in giving
adequate treatment to the settlement between the parties and exercising
its power under Section 482 of the Code while accepting the settlement
and quashing the proceedings or refusing to accept the settlement with
direction to continue with the criminal proceedings:
(I) Power conferred under Section 482 of the Code is to be
distinguished from the power which lies in the Court to compound
the offences under Section 320 of the Code. No doubt, under
Section 482 of the Code, the High Court has inherent power to
quash the criminal proceedings even in those cases which are not
compoundable, where the parties have settled the matter between
themselves. However, this power is to be exercised sparingly and
with caution.
(II)When the parties have reached the settlement a nd on that basis
petition for quashing the criminal proceedings is filed, the guiding
factor in such cases would be to secure:
(i) ends of justice, or
(ii) to prevent abuse of the process of any Court. While exercising
the power the High Court is to form an opinion on either of the
aforesaid two objectives.
(III) Such a power is not be exercised in those pr osecutions which
involve heinous and serious offences of mental depravity or
offences like murder, rape, dacoity, etc. Such offences are not
CRM-M-46800-2025 8
private in nature and have a serious impact on society. Similarly,
for offences alleged to have been committed under special statute
like the Prevention of Corruption Act or the offences committed by
Public Servants while working in that capacity are not to be
quashed merely on the basis of compromise between the victim
and the offender.
(IV) On the other, those criminal cases having overwhelmingly
and pre-dominantly civil character, particularly those arising out
of commercial transactions or arising out of matrimonial
relationship or family disputes should be quashed when the parties
have resolved their entire disputes among themselves.
(V) While exercising its powers, the High Court is to examine as to
whether the possibility of conviction is remote and bleak and
continuation of criminal cases would put the accused to great
oppression and prejudice and extreme injustice would be caused
to him by not quashing the criminal cases.
(VI) Offences under Section 307 IPC would fall in the category of
heinous and serious offences and therefore is to be generally
treated as crime against the society and not against the individual
alone. However, the High Court would not rest its decision merely
because there is a mention of Section 307 IPC in the FIR or the
charge is framed under this provision. It would be open to the
High Court to examine as to whether incorporation of Section
307 IPC is there for the sake of it or the prosecution has collected
sufficient evidence, which if proved, would lead to proving the
charge under Section 307 IPC. For this purpose, it would be open
to the High Court to go by the nature of injury sustained, whether
such injury is inflicted on the vital/delegate parts of the body,
nature of weapons used etc. Medical report in respect of injuries
suffered by the victim can generally be the guiding factor. On the
basis of this prima facie analysis, the High Court can examine as
to whether there is a strong possibility of conviction or the
chances of conviction are remote and bleak. In the former case it
can refuse to accept the settlement and quash the criminal
proceedings whereas in the later case it would be permissible for
the High Court to accept the plea compounding the offence based
on complete settlement between the parties. At this stage, the
Court can also be swayed by the fact that the settlement between
the parties is going to result in harmony between them which may
improve their future relationship.
(VII) While deciding whether to exercise its power under Section
482 of the Code or not, timings of settlement play a crucial role.
CRM-M-46800-2025 9
Those cases where the settlement is arrived at immediately after
the alleged commission of offence and the matter is still under
investigation, the High Court may be liberal in accepting the
settlement to quash the criminal proceedings/investigation. It is
because of the reason that at this stage the investigation is still on
and even the charge sheet has not been filed. Likewise, those cases
where the charge is framed but the evidence is yet to start or the
evidence is still at infancy stage, the High Court can show
benevolence in exercising its powers favourably, but after prima
facie assessment of the circumstances/material mentioned above.
On the other hand, where the prosecution evidence is almost
complete or after the conclusion of the evidence the matter is at
the stage of argument, normally the High Court should refrain
from exercising its power under Section 482 of the Code, as in
such cases the trial court would be in a position to decide the case
finally on merits and to come a conclusion as to whether the
offence under Section 307 IPC is committed or not. Similarly, in
those cases where the conviction is already recorded by the trial
court and the matter is at the appellate stage before the High
Court, mere compromise between the parties would not be a
ground to accept the same resulting in acquittal of the offender
who has already been convicted by the trial court. Here charge is
proved under Section 307 IPC and conviction is already recorded
of a heinous crime and, therefore, there is no question of sparing a
convict found guilty of such a crime.”
(iii) In a judgment titled as Parbatbhai Aahir @ Parbatbhai
Bhimsinhbhai Karmur and Ors. Vs. State of Gujarat and anr. AIR 2017
SUPREME COURT 4843, a three Judge Bench of the Hon’ble Supreme
Court has held as under:-
“15 The broad principles which emerge from the precedents on the
subject, may be summarised in the following propositions :
(i) Section 482 preserves the inherent powers of t he High Court to
prevent an abuse of the process of any court or to secure the ends
of justice. The provision does not confer new powers. It only
recognises and preserves powers which inhere in the High Court;
(ii) The invocation of the jurisdiction of the Hig h Court to quash a
First Information Report or a criminal proceeding on the ground
that a settlement has been arrived at between the offender and the
victim is not the same as the invocation of jurisdiction for the
CRM-M-46800-2025 10
purpose of compounding an offence. While compounding an
offence, the power of the court is governed by the provisions
of Section 320 of the Code of Criminal Procedure, 1973. The
power to quash under Section 482 is attracted even if the offence
is non-compoundable.
(iii) In forming an opinion whether a criminal proceeding or
complaint should be quashed in exercise of its jurisdiction under
Section 482, the High Court must evaluate whether the ends of
justice would justify the exercise of the inherent power;
(iv) While the inherent power of the High Court ha s a wide ambit
and plenitude it has to be exercised; (i) to secure the ends of
justice or (ii) to prevent an abuse of the process of any court;
(v) The decision as to whether a complaint or Firs t Information
Report should be quashed on the ground that the offender and
victim have settled the dispute, revolves ultimately on the facts and
circumstances of each case and no exhaustive elaboration of
principles can be formulated;
(vi) In the exercise of the power under Section 482 and while
dealing with a plea that the dispute has been settled, the High
Court must have due regard to the nature and gravity of the
offence. Heinous and serious offences involving mental depravity
or offences such as murder, rape and dacoity cannot
appropriately be quashed though the victim or the family of the
victim have settled the dispute. Such offences are, truly speaking,
not private in nature but have a serious impact upon society. The
decision to continue with the trial in such cases is founded on the
overriding element of public interest in punishing persons for
serious offences;
(vii) As distinguished from serious offences, ther e may be criminal
cases which have an overwhelming or predominant element of a
civil dispute. They stand on a distinct footing in so far as the
exercise of the inherent power to quash is concerned;
(viii) Criminal cases involving offences which ari se from
commercial, financial, mercantile, partnership or similar
transactions with an essentially civil flavour may in appropriate
situations fall for quashing where parties have settled the dispute;
(ix) In such a case, the High Court may quash the criminal
proceeding if in view of the compromise between the disputants,
the possibility of a conviction is remote and the continuation of a
criminal proceeding would cause oppression and prejudice; and
(x) There is yet an exception to the principle set out in
propositions (viii) and (ix) above. Economic offences involving the
CRM-M-46800-2025 11
financial and economic well-being of the state have implications
which lie beyond the domain of a mere dispute between private
disputants. The High Court would be justified in declining to
quash where the offender is involved in an activity akin to a
financial or economic fraud or misdemeanour. The consequences
of the act complained of upon the financial or economic system
will weigh in the balance.”
(iv) In a judgment titled as State of Madhya Pradesh vs. Laxmi
Narayan and others AIR 2019 SUPREME COURT 1296, a three Judge
Bench of the Hon’ble Supreme Court has held as under:-
“13. Considering the law on the point and the other decisions of this
Court on the point, referred to hereinabove, it is observed and held as
under:
i) that the power conferred under Section 482 of the Code to
quash the criminal proceedings for the non-compoundable
offences under Section 320 of the Code can be exercised having
overwhelmingly and predominantly the civil character,
particularly those arising out of commercial transactions or
arising out of matrimonial relationship or family disputes and
when the parties have resolved the entire dispute amongst
themselves;
ii) such power is not to be exercised in those pro secutions which
involved heinous and serious offences of mental depravity or
offences like murder, rape, dacoity, etc. Such offences are not
private in nature and have a serious impact on society;
iii) similarly, such power is not to be exercised for the offences
under the special statutes like Prevention of Corruption Act or the
offences committed by public servants while working in
that capacity are not to be quashed merely on the basis of
compromise between the victim and the offender;
iv) offences under Section 307 IPC and the Arms Ac t etc. would
fall in the category of heinous and serious offences and therefore
are to be treated as crime against the society and not against the
individual alone, and therefore, the criminal proceedings for the
offence under Section 307 IPC and/or the Arms Act etc. which
have a serious impact on the society cannot be quashed in exercise
of powers under Section 482 of the Code, on the ground that the
parties have resolved their entire dispute amongst themselves.
However, the High Court would not rest its decision merely
because there is a mention of Section 307 IPC in the FIR or the
CRM-M-46800-2025 12
charge is framed under this provision. It would be open to the
High Court to examine as to whether incorporation of Section
307 IPC is there for the sake of it or the prosecution has collected
sufficient evidence, which if proved, would lead to framing the
charge under Section 307 IPC. For this purpose, it would be open
to the High Court to go by the nature of injury sustained, whether
such injury is inflicted on the vital/delegate parts of the body,
nature of weapons used etc. However, such an exercise by the
High Court would be permissible only after the evidence is
collected after investigation and the charge sheet is filed/charge is
framed and/or during the trial. Such exercise is not permissible
when the matter is still under investigation. Therefore, the ultimate
conclusion in paragraphs 29.6 and 29.7 of the decision of this
Court in the case of Narinder Singh (supra) should be read
harmoniously and to be read as a whole and in the circumstances
stated hereinabove;
v) while exercising the power under Section 482 of the Code to
quash the criminal proceedings in respect of non-compoundable
offences, which are private in nature and do not have a serious
impart on society, on the ground that there is a
settlement/compromise between the victim and the offender, the
High Court is required to consider the antecedents of the accused;
the conduct of the accused, namely, whether the accused was
absconding and why he was absconding, how he had managed
with the complainant to enter into a compromise etc.”
II. Re: Powers of the High Court under Section 482 of Cr.P.C. to
quash FIR wherein the FIR-complainant is a public servant.
A Division Bench of this Court titled as Vinod @ Boda and
others vs. State of Haryana and another, 2017(1) RCR (Criminal) 571 has
held as under:-
“8. We have perused the reference made by the learned Single Judge
and are of the view that there is an inadvertent mistake in formulating the
reference, so we reframe the question to be answered by us which reads
as under:-
“Whether the offences under Sections 353, 186 and 332 of the Indian
Penal Code against the accused-petitioners can be quashed on the basis
of compromise with the complainant-public servant?
xxx xxx xxx xxx
CRM-M-46800-2025 13
14. The doubt has been expressed by the learned Single Judge
whether in exercise of inherent power under Section 482 Cr.P.C. criminal
proceedings on the basis of compromise entered between the parties
where the offence is against the public servant can be quashed or not by
the High Court is the issue before us.
xxx xxx xxx xxx
16. In the present case, merely because the complainant was working
as a teacher and injuries were caused to him while he was on duty at
School, learned Single Judge has treated it to be a case of an offence
against the `society' observing that public servant has been prohibited
from performing his duties, the proceedings cannot be quashed. Whereas,
in the facts and circumstances of the case, the dispute was prima facie
between the parties in their individual and private capacity. Therefore,
even on merit, the present is a fit case where the ends of justice demand
quashing of proceedings as the dispute has been settled amicably and this
would bring harmony between the parties.
xxx xxx xxx xxx
18. For the reasons stated above, it is held that in view of settled law, as
discussed above, the powers of High Court under Section 482 Cr.P.C. are
wide enough, though to be exercised sparingly and judiciously, and this
Court can quash criminal proceedings in the peculiar facts of the case
even where offence is against public servant.”
Analysis (re law)
10. The conventional outlook, in view of the statutory framework,
was that criminal offence(s) could be settled only by way of compounding,
as per the provisions of Section 320 of the Cr.P.C., 1973 (now Section 359
of BNSS, 2023). In ordinary parlance, “compounding” is known as
“compromise” or “settlement”. This expression is ordinarily understood as
condoning a felony in exchange for repatriation received by the victim-
complainant from the felon. In other words, no compounding/compromise
of a criminal offence could be permitted by the Court, except for an offence
which met with the rigours of Section 320 of Cr.P.C. Therefore; the
question arose whether the High Court, by exercising its plenary/inherent
jurisdiction, under Section 482 of Cr.P.C., could quash ongoing
CRM-M-46800-2025 14
FIR/criminal proceedings on the basis of compromise/settlement having
been arrived at between the rival parties.
10.1. Before proceeding further, it would be germane to delve into
the nature, scope and ambit of powers of the High Court under Section 482
of Cr.P.C., 1973.
10.2. Inherent powers of the High Court are powers which are
incidental replete powers, which if did not so exist, the Court would be
obliged to sit still and helplessly see the process of law and Courts being
abused for the purposes of injustice. In other words; such power(s) is
intrinsic to the High Court, it is its very life-blood, its very essence, its
immanent attribute. Without such power(s), the High Court would have a
form but lack the substance. These powers of the High Court, hence,
deserve to be construed with the widest possible amplitude. These inherent
powers are in consonance with the nature of the High Court which ought to
be, and has in fact been, invested with power(s) to maintain its authority to
prevent the process of law/Courts being obstructed or abused. It is a trite
posit of jurisprudence that though the laws attempt to deal with all cases that
may arise, the infinite variety of circumstances which shape events and the
imperfections of language make it impossible to lay down provisions
capable of governing every case, which, in fact, arise. The High Court
which exists for the furtherance of justice in an indefatigable manner,
should therefore, have unfettered power(s) to deal with situations which,
though not expressly provided for by the law, need to be dealt with, to
prevent injustice or the abuse of the process of law and Courts. The maxim,
namely, “quando lex aliquid alicui concedit, concedere videtur et id sine
quo res ipsa, esse non potest” (when the law gives anything to anyone, it
also gives all those things without which the thing itself cannot exist) also
CRM-M-46800-2025 15
signifies that the inherent powers of the High Court are all such powers
which are necessary to do the right and to undo a wrong in the course of
administration of justice. Further, the maxim “ex debito justitiae” stipulates
that such powers are given to do real and substantial justice, for which
purpose alone, the High Court exists. Hence, the powers under Section 482
of Cr.P.C., are aimed at preserving the inherent powers of a High Court to
prevent abuse of the process of any Court or to secure the ends of justice.
The juridical basis of these plenary power(s) is the authority; in fact the
seminal duty and responsibility of the High Court; to uphold, to protect and
to fulfil the judicial function of administering justice, in accordance with the
law, in a regular, orderly and effective manner. In other words; Section 482
of Cr.P.C. reflects peerless powers, which a High Court may draw upon as
necessary, whenever it is just and equitable to do so; in particular, to ensure
the observance of the due process of law, to prevent vexation or oppression,
to do justice nay substantial justice between the parties and to secure the
ends of justice.
10.3 The above principle(s), in context of provisions of Section 482
of Cr.P.C, 1973, would apply with complete vigour, to the provisions of
Section 528 of BNSS of 2023 as well, since there is no alteration in the
wording of these two provisions.
11. The Hon’ble Supreme Court in the case of Gian Singh (supra)
has enunciated that the powers of the High Court for quashing of criminal
proceedings on the basis of settlement are materially different from
compounding of offence in terms of Section 320 of Cr.P.C., (Now Section
359 of BNSS, 2023) as a Court while exercising power under Section 320
of Cr.P.C. (Now Section 359 of BNSS, 2023) is circumscribed by the
provision but the High Court may proceed to quash a criminal
CRM-M-46800-2025 16
offence/criminal proceedings if the ends of justice justify exercise of such
power. It was thus held that the criminal cases having overwhelmingly and
predominantly civil flavour, offences arising out of matrimonial dispute,
offences arising out of family dispute as also offences which are basically
private or personal in nature could be quashed by the High Court in case the
parties have resolved their entire dispute(s). Further, the Hon’ble Supreme
Court in the case of Narinder Singh (supra) has held that the possibility of
conviction being remote and bleak, whereas continuation of the criminal
case putting the accused to oppression and prejudice & the parties being put
to general inconvenience, as also prejudice could also be considered as
factors by the High Court, while examining a plea for quashing of criminal
proceedings on the basis of settlement/compromise. However a caution was
made that cases involving heinous and serious offences of mental depravity
or offences like murder, rape, dacoity; offences under the Prevention of
Corruption Act committed by public servants etc., ought not to be quashed
while exercising such plenary jurisdiction. To the same effect is the dicta of
the judgment of three Judge Bench of the Hon’ble Supreme Court in the
case of Parbatbhai Aahir case (supra). Further, a three Judge Bench of the
Hon’ble Supreme Court in a judgment of Laxmi Narayan case (supra)
reiterated the principles laid-down in cases of Gian Singh (supra), Narinder
Singh (supra) and Parbatbhai Aahir (supra).
11.1 It is, thus, unequivocal that the plenary powers vested in a High
Court, by virtue of its very constitution, are to be exercised with
circumspection and in a manner befitting judicial propriety. The invocation
of inherent jurisdiction must serve the ends of justice, necessitating a
holistic evaluation of all the attendant circumstances. The criminal justice
system is not merely a forum for resolving interpersonal disputes; it
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embodies the sovereign obligation of the State to safeguard the fundamental
rights of its citizens, including the protection of life, liberty, and property. In
adjudicating petitions seeking quashing of criminal proceedings on the basis
of a purported compromise between the parties, the court must transcend the
immediate assertions of harmony. While the absence of current grievances
between parties may be a material consideration, it cannot be the
determinative criterion. The court is duty-bound to scrutinize the gravity of
the allegations, the nature of the offences, and their ramifications on the
public order and societal welfare. This judicial responsibility is accentuated
in cases involving heinous or egregious offences, where the broader societal
interest outweighs private settlements. Compromising such cases on the
ground of mutual accord risks undermining the public confidence in the
justice delivery system and jeopardizing the larger interest of law
enforcement.
11.2. The aureate enunciation of law, in above judgments, essentially
points out that the prime factors for consideration of quashing of
FIR/criminal proceedings on the basis of compromise/settlement is that the
dispute/offence is essentially private in nature; continuation of criminal
proceeding would be an exercise in futility as its fate-accompli is known;
pendency of such proceedings would be an undesirable burden on the
police/prosecution as also the Courts, who are already struggling hard to
manage the ever increasing and unmanageable docket and/or such quashing
would ensure the ends of justice.
12. A criminal offence against a public servant while on duty is in
stark contrast to an offence against a private individual –– when examined
in the realm of a quashing petition based on compromise between rival
parties. Between two individuals the causative factor(s) involve largely two
CRM-M-46800-2025 18
private parties and even after registration of an FIR, if a settlement is
effected between these two parties, bilaterally, it may be acceptable in the
eyes of the law and FIR could be quashed; subject to all other attending
factors being conducive in accordance with principles laid down, inter alia,
in judgments of Gian Singh (supra), Narinder Singh (supra), Parbatbhai
Aahir (supra) and Laxmi Narayan (supra). However, when a person
commits an offence against a public servant - on - duty, it becomes a
tripartite matter, even in the realm of compromise quashing jurisdiction. A
public servant works not just as a representative but epitomises the State
while on - duty. His official status is not contingent but indispensable,
nonelective and sine qua non. The State is also responsible for fostering
public order and any official functioning on behalf of the State is also an
instrument of maintaing this order. A Division Bench of this Court in the
case titled as Vinod @ Boda (supra) has held that the FIR (as also the
proceedings arising therefrom) can be quashed on the basis of
compromise/settlement having been arrived at between the rival parties,
even when offence is against a public servant, where the dispute is prima
facie between the parties in their individual and private capacity. Ergo, it is
pellucid that where the FIR-complainant/victim/aggrieved person is a public
servant, but the dispute essentially partakes the colour of an offence against
a public servant, in discharge of his official duties, than such an FIR (as also
the proceedings emanating therefrom) ought not to be quashed on the basis
of compromise.
To determine as to whether offence(s) in question pertain to an
individual/private in his capacity or official capacity, the Court is essentially
required to look into entire factual milieu of the particular case in hand. No
exhaustive set of guideline(s) to govern, the exercise of this aspect by the
CRM-M-46800-2025 19
High Court, can possibly be laid down, however illecebrous this aspect may
be. It is neither fathomable nor desirable to lay down any straightjacket
formula in this regard. To do so would be to crystallize into a rigid
definition, a judicial discretion, which for best of all reasons deserve to be
left undetermined. Any attempt in this regard would be, to say the least, a
utopian endeavour. Circumstantial flexibility, one additional or different
fact, may make a sea of difference between conclusions of two cases. Such
exercise would thus, indubitably, be dependent upon the factual matrix of
the particular case which the High Court is in seisin of, since every case has
its own peculiar factual conspectus.
12.1. Another aspect nay vital aspect of the lis in hand craves
attention.
More often than not, plea(s) seeking quashing of the FIR etc.,
solely based on compromise between rival parties, are filed before this
Court, wherein the FIR – complainant/aggrieved person/victim is a public
servant but no requisite permission for compromise has been sought from
the concerned government authority muchless granted. A public servant,
once having got registered an FIR etc. in his capacity of a government
official, cannot elect to settle a dispute with an individual, on his own
without requisite permission from the concerned Government authority,
because the causative factors also involve infringement of State’s duty and
rights. Such public servant must seek the permission of concerned
competent administrative authority to settle a dispute/offence arising out of
a situation when he was on duty. This permission is needed to satisfy, inter
alia, that the State concurs with such settlement. If such a public servant
seeks and takes steps to settle such a dispute without the permission of the
concerned competent administrative authority, then such a public servant
CRM-M-46800-2025 20
ought to be saddled with punitive measure(s) as such official/public status
cannot be allowed to be treated as mere tokenism and be diluted.
13. As a sequitur of the above rumination, the following postulates
emerge:
I. A petition seeking quashing of FIR (as also a proceedings
emanating therefrom) on the basis of compromise involving a public servant
as FIR/complainant/victim may be granted wherein the dispute between the
parties is primarily private/individual in nature. In other words, where the
offence is against a public servant, inherently in discharge of his/her official
duty, such compromise quashing petition deserves to be rejected.
II. In case a public servant endeavours to settle/compromise a
criminal offence, essentially involving discharge of his/her official duty and
not being in his/her private/individual capacity & such
settlement/compromise is sans the approval of competent
government/administrative authority, appropriate action(s) including, but
not limited to departmental proceedings, ought to be undertaken against
such public servant.
III. (i) The litmus test, as to whether the dispute/offence(s) is of
private/individual capacity or of public/government function would
essentially depend upon the analysis of factual milieu of a particular case
receiving consideration at the hands of the Court.
(ii) No exhaustive guidelines can possibly be laid-down for
exercise of aforesaid judicial discretion by a Court as every case has its own
unique factual conspectus. There is no gainsaying that an order passed by
the Court, while exercising such discretion, must be a speaking order clearly
giving out reasons therein & must be in consonance with the basic canons of
Justice, good conscience and equity.
CRM-M-46800-2025 21
Analysis (re facts of the present case)
14. The petition in hand has been filed for quashing of the
impugned FIR as also the proceeding emanating therefrom on the basis of
compromise deed(s) dated 07.08.2025 (Annexures P-2, P-4 and P-6). From
the factual milieu of the case in hand, it cannot be said that the offence(s)
alleged to have been committed is in the nature of a private dispute between
the parties or the dispute(s) between the accused side and the FIR-
complainant/victim(s) partake the colour of an individual dispute. The
petitioners are alleged to have committed offence(s) against government
official(s) during the discharge of their official duty. Ergo, the petition in
hand ought not to be granted and deserves rejection.
Further, the FIR-complainant and the victim(s), though have
earlier said that the offence(s) have been committed by the accused – side
during the course of their performing official duty, but nothing has been
brought to the fore to indicate that before entering into
compromise/settlement any approval was taken by them from the concerned
competent authority(s). It thus appears that the concerned public servant(s)
in present case have chosen to settle a criminal case, pertaining to discharge
of their official duty, without the permission of the concerned administrative
competent authority.
Decision
15. In view of the prevenient ratiocination, it is ordained thus:
(i) The petition; seeking quashing of FIR No.234 dated
22.08.2024 registered under Sections 121(1), 132, 221, 324(6) of BNS at
Police Station Beri, Jhajjar, Haryana, as also the proceedings subsequent
thereto, on the basis of a compromise deed(s) dated 07.08.2025 (Annexures
P-2, P-4 and P-6); is dismissed.
CRM-M-46800-2025 22
(ii) The Administrative Secretary of the Department [wherein the
FIR-complainant-victim(s) were serving at the time of alleged commission
of offence(s)] is directed to look into the matter regarding
settlement/compromise entered into by them sans requisite administrative
approval/permission & take appropriate action(s) in accordance with the
extant rules.
(iii) Any observations made and/or submissions noted hereinabove
shall not have any effect on the merits of the case and the trial Court/police
shall proceed further, in accordance with law, without being influenced with
this order.
(iv) No disposition as to costs, for the nonce.
(v) Pending application(s), if any, shall also stand disposed of.
16. The concerned Administrative Secretary, Government of
Haryana is mandated to file a compliance affidavit, in terms of directions
made hereinabove, within three months from today with the Registrar
General of this Court failure wherein may invite punitive consequences (as
per law) for the officer concerned as also other concerned functionaries.
(SUMEET GOEL)
JUDGE
October 09, 2025
Ajay
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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