As per case facts, a criminal case under various IPC sections was registered, leading to the petitioners' conviction, with an appeal pending. The parties subsequently reached a voluntary compromise. The ...
CRM-M-30588-2025 (O&M) - 1-
211
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRM-M-30588-2025 (O&M)
Date of decision: 28.08.2025.
RAMESH KUMAR @ DEEPAK KUMAR AND OTHERS
...Petitioner(s)
VERSUS
STATE OF HARYANA AND OTHERS
...Respondent(s)
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Present :- Mr. Namit Khurana, Advocate,
for the petitioners.
Ms. Chhavi Sharma, AAG, Haryana.
Mr. G.S. Sidhu, Advocate,
for respondents No.2 and 3.
VINOD S. BHARDWAJ, J. (Oral)
By means of the instant petition, the jurisdiction of this Court
under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
(hereinafter referred to ‘BNSS 2023’) has been invoked for seeking
quashing of FIR bearing No.03 dated 02.01.2016 under Section(s) 323, 324,
326, 427 and 506
of the Indian Penal Code, 1860 (hereafter to be referred as
'IPC’) registered at Police Station Chhapar, District Yamuna Nagar;
CRM-M-30588-2025 (O&M) - 2-
judgment of conviction dated 27.04.2022 (Annexure P-4) passed by the
Judicial Magistrate First Class, Yamuna Nagar and all other consequential
proceedings arising therefrom, on the basis of compromise dated 18.12.2023
entered between the parties.
2 The parties were directed to appear before the learned trial
Court/Illaqa Magistrate vide order dated 29.05.2025 of this Court and to get
their statements recorded regarding the compromise arrived at between the
parties and a report in this regard was called for.
3 Pursuant to the said order, report has been received from the
Judicial Magistrate First Class, Yamuna Nagar, vide Memo No.294 dated
07.07.2025. The relevant extract of the report is reproduced as under: -
“3. On oral inquiry, both the parties have stated that the
matter has been settled amicably without any pressure, undue
influence or coercion in any manner, I also specifically inquired
from the complainant about the validity of compromise. They
stated that the compromise arrived at in the said matter is with
our own free will, without any pressure or coercion.
Compromise dated 18.12.2023 Ex. CX has also been placed on
record,
4. It is humbly submitted before the Hon'ble High Court of
Punjab & Haryana that the affected parties have entered into a
compromise. The compromise is genuine, voluntary and without
any coercion or undue influence, Thus, the compromise is found
to be a valid compromise.
5. It is further submitted that as per statement of HC Sachin
no. 165, Yamuna Nagar, which is attached herewith, there are
total five accused persons are mentioned in FIR infra:
CRM-M-30588-2025 (O&M) - 3-
(i) Vijay Saini son of Balwant Singh
(ii) Lalit Kumar @ Neeraj son of Mohinder Paal
(iii) Ramesh Kumar @ Deepak Kumar son of Mahender
Pal
(iv) Amrinder Singh @ Goldy son of Rupinder Singh
(v) Vishal Bakshi son of Vimal Bakshi.
The challan, however, was only presented against the
accused persons mentioned infra:
(i) Vijay Saini son of Balwant Singh
(ii) Lalit Kumar @ Neeraj son of Mohinder Paal
(iii) Ramesh Kumar @ Deepak Kumar son of Mahender
Pal
(iv) Amrinder Singh @ Goldy son of Rupinder Singh.
The present petition has been filed by the all accused
persons who are named in final report submitted under Section
173, Cr. P.C. namely i.e. (i) Vijay Saini son of Balwant Singh
(ii) Lalit Kumar @ Neeraj son of Mohinder Paal (iii) Ramesh
Kumar @ Deepak Kumar son of Mahender Pal (iv) Amrinder
Singh @ Goldy son of Rupinder Singh.
6. In the present case, none of the accused has been
declared proclaimed offender. It is further stated that the
accused are not involved in any other FIR.
7. As per the statement of I.O, the complaint was moved by
Mittarbir Singh. There are two victims in the present FIR i.e.
Mittarbir Singh and Narender Singh. Further, all the
victims/injured/complainant i.e. Mittarbir Singh and Narender
Singh are impleaded as respondents in the present petition.”
CRM-M-30588-2025 (O&M) - 4-
4 Learned State counsel does not dispute the factum of the
compromise amongst the parties and does not have any serious objection to
the resolution of the dispute amongst the parties.
5 Learned counsel appearing on behalf of respondents No.2 and 3
reiterates the settlement and his concurrence to the FIR and all the other
consequential proceedings being quashed.
6 The Full Bench of this Court in the matter of “Kulwinder Singh
and others versus State of Punjab and another” reported as (Punjab and
Haryana High Court) : 2007 (3) RCR (Criminal) 1052 has observed as
under:
'(28) To conclude, it can safely be said that there can never be
any hard and fast category which can be prescribed to enable
the Court to exercise its power under Section 482 of the Cr.P.C.
The only principle that can be laid down is the one which has
been incorporated in the Section itself, i.e., "to prevent abuse of
the process of any Court" or "to secure the ends of justice".
(29) In Mrs. Shakuntala Sawhney v. Mrs. Kaushalya Sawhney
and Ors., Hon'ble Krishna Iyer, J. aptly summoned up the
essence of compromise in the following words:
“The finest hour of justice arrives propitiously when parties,
despite falling apart, bury the hatchet and weave a sense of
fellowship of reunion.”
(30) The power to do complete justice is the very essence of
every judicial justice dispensation system. It cannot be diluted
by distorted perceptions and is not a slave to anything, except to
the caution and circumspection, the standards of which the
Court sets before it, in exercise of such plenary and unfettered
power inherently vested in it while donning the cloak of
compassion to achieve the ends of justice.
(31) No embargo, be in the shape of Section 320(9) of the
CRM-M-30588-2025 (O&M) - 5-
Cr.P.C., or any other such curtailment, can whittle down the
power under Section 482 of the Cr.P.C.
(32) The compromise, in a modern society, is the sine qua non
of harmony and orderly behaviour. It is the soul of justice and if
the power under Section 482 of the Cr.P.C. is used to enhance
such a compromise which, in turn, enhances the social amity
and reduces friction, then it truly is "finest hour of justice".
Disputes which have their genesis in a matrimonial discord,
landlord-tenant matters, commercial transactions and other
such matters can safely be dealt with by the Court by exercising
its powers under Section 482 of the Cr.P.C. in the event of a
compromise, but this is not to say that the power is limited to
such cases. There can never be any such rigid rule to prescribe
the exercise of such power, especially in the absence of any
premonitions to forecast and predict eventualities which the
cause of justice may throw up during the course of a litigation.
(33) The only inevitable conclusion from the above discussion is
that there is no statutory bar under the Cr.P.C. which can affect
the inherent power of this Court under Section 482. Further, the
same cannot be limited to matrimonial cases alone and the
Court has the wide power to quash the proceedings even in
non-compoundable offences notwithstanding the bar under
Section 320 of the Cr.P.C., in order to prevent the abuse of law
and to secure the ends of justice.
(34) The power under Section 482 of the Cr.P.C. is to be
exercised Ex-Debitia Justitia to prevent an abuse of process of
Court. There can neither be an exhaustive list nor the defined
para-meters to enable a High Court to invoke or exercise its
inherent powers. It will always depend upon the facts and
circumstances of each case. The power under Section 482 of the
Cr.P.C. has no limits. However, the High Court will exercise it
sparingly and with utmost care and caution. The exercise of
power has to be with circumspection and restraint. The Court is
a vital and an extra-ordinary effective instrument to maintain
CRM-M-30588-2025 (O&M) - 6-
and control social order. The Courts play role of paramount
importance in achieving peace, harmony and ever-lasting
congeniality in society. Resolution of a dispute by way of a
compromise between two warring groups, therefore, should
attract the immediate and prompt attention of a Court which
should endeavour to give full effect to the same unless such
compromise is abhorrent to lawful composition of the society or
would promote savagery.”
7 The legal principles as laid down for quashing of the judgment
were also approved by the Hon'ble Supreme Court in the matter of 'Gian
Singh Versus State of Punjab and another,(2012) 10 SCC 303'.
Furthermore, the broad principles for exercising the powers under Section
482 were summarized by the Hon'ble Supreme Court in the matter of
'Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others versus
State of Gujarat and another” (2017) 9 SCC 641'.
8 The petitioner stands convicted and sentenced vide judgment
dated 27.04.2022 passed by the Judicial Magistrate First Class, Yamuna
Nagar at Jagadhri as under: -
Sr.
No.
Under Section Punishment
1 323 read with
Section 34 IPC
Simple imprisonment for a
period of three months
2 324 read with
Section 34 IPC
Simple imprisonment for a
period of six months
3 326 read with
Section 34 IPC
Simple imprisonment for a
period of two years
4 452 read with
Section 34 IPC
Simple imprisonment for a
period of two years
5 506 read with
Section 34 IPC
Simple imprisonment for a
period of three months
CRM-M-30588-2025 (O&M) - 7-
9 In the matter of Sube Singh and another Vs. State of Haryana
and another reported as 2013 (4) RCR (Criminal) 102, compounding of
offence at appellate stage was sought for in a case where the accused were
convicted by the Addl. Chief Judicial Magistrate for commission of offences
under Sections 420, 467 and 468
of the Indian Penal Code, 1860 and appeal
against conviction was pending in Sessions Court. It was observed therein
that High Court vested with unparallel power to quash criminal proceedings
at any stage to secure the ends of justice. The relevant part of the judgment
reads as under: -
“15. The refusal to invoke power under Section 320 Cr.P.C.,
however, does not debar the High Court from resorting to its
inherent power under Section 482 Criminal Procedure Code
and pass an appropriate order so as to secure the ends of
justice.
16. As regards the doubt expressed by the learned Single Judge
whether the inherent power under Section 482 Criminal
Procedure Code to quash the criminal proceedings on the basis
of compromise entered into between the parties can be invoked
even if the accused has been held guilty and convicted by the
trial Court, we find that in Dr. Arvind Barsaul etc. v. State of
Madhya Pradesh & Anr., 2008(2) RCR (Criminal) 910: (2008)5
SCC 794, the unfortunate matrimonial dispute was settled after
the appellant husband) had been convicted under Section 498A
Indian Penal Code and sentenced to 18 months Imprisonment
and his appeal was pending before the first appellate court. The
Apex Court quashed the criminal proceedings keeping in view
the peculiar facts and circumstances of the case and in the
interest of justice observing that "continuation of criminal
proceedings would be an abuse of the process of law" and also
by invoking its power under Article 142 of the Constitution.
CRM-M-30588-2025 (O&M) - 8-
Since the High Court does not possess any power akin to the
one under Article 142 of the Constitution, the cited decision
cannot be construed to have vested the High Court with such
like unparallel power.
17. The magnitude of inherent jurisdiction exercisable by the
High Court under Section 482 Criminal Procedure Code with a
view to prevent the abuse of law or to secure the ends of justice,
however, is wide enough to include its power to quash the
proceedings in relation to not only the non-compoundable
offences notwithstanding the bar under Section 320 Criminal
Procedure Code hut such a power, in our considered view, is
exercisable at any stage save that there is no express bar and
invoking of such power is fully justified on facts and
circumstances of the case.
xxx xxx xxx
21. In the light of these peculiar facts and circumstances where
not only the parties but their close relatives including daughter
and son-in-law of respondent No. 23 have also supported the
amicable settlement, we are of the considered view that the
negation of the compromise would disharmonize the
relationship and cause a permanent rift amongst the family
members who are living together as a joint family. Non-
acceptance of the compromise would also lead to denial of
complete justice which is the very essence of our justice delivery
system. Since there is no statutory embargo against invoking of
power under Section 482 Criminal Procedure Code after
conviction of an accused by the trial Court and during
pendency of appeal against such conviction, it appears to be a
fit case to invoke the inherent jurisdiction and strike down the
proceedings subject to certain safeguards.
22. Consequently and for the reasons afore-stated, we allow
this petition and set aside the judgement and order dated
16.03.2009 passed in Criminal Case No. 425-1 of 2000 of
Additional Chief Judicial Magistrate, Hisar, on the basis of
CRM-M-30588-2025 (O&M) - 9-
compromise dated 08.08.2011 arrived at between them and
their step-mother-respondent No. 2 (Smt. Reshma Devi) w/o late
Rajmal qua the petitioners only. As a necessary corollary, the
criminal complaint filed by respondent No. 2 is dismissed qua
the petitioners on the basis of above-stated compromise.
Resultantly, the appeal preferred by the petitioners against the
above-mentioned order dated 16.03.2009 would be rendered
infructuous and shall be so declared by the first Appellate Court
at Hisar.”
10 The Hon'ble Supreme Court has held in the matter of
'Ramgopal And Another Vs State of Madhya Pradesh, 2021 SCC Online
SC 834', that the matters which can be categorized as personal in nature or
in the matter in which the nature of injuries do not exhibit mental depravity
or commission of an offence of such a serious nature that quashing of which
would override public interest, the Court can quash the FIR in view of the
settlement arrived at amongst the parties even at an appellate stage. The
observation of the Hon'ble Supreme Court is extracted as under:-
19. We thus sum-up and hold that as opposed to Section 320
Cr.P.C. where the Court is squarely guided by the compromise
between the parties in respect of offences ‘compoundable’
within the statutory framework, the extra-ordinary power
enjoined upon a High Court under Section 482 Cr.P.C. or
vested in this Court under Article 142 of the Constitution, can
be invoked beyond the metes and bounds of Section 320 Cr.P.C.
Nonetheless, we reiterate that such powers of wide amplitude
ought to be exercised carefully in the context of quashing
criminal proceedings, bearing in mind: (i) Nature
and effect of the offence on the conscious of the society; (ii)
Seriousness of the injury, if any; (iii) Voluntary nature of
compromise between the accused and the victim; & (iv)
CRM-M-30588-2025 (O&M) - 10-
Conduct of the accused persons, prior to and after the
occurrence of the purported offence and/or other relevant
considerations.
20. Having appraised the afore-stated para-meters and
weighing upon the peculiar facts and circumstances of the two
appeals before us, we are inclined to invoke powers under
Article 142 and quash the criminal proceedings and
consequently set aside the conviction in both the appeals. We
say so for the reasons that: Firstly, the occurrence(s) involved
in these appeals can be categorized as purely personal or
having overtones of criminal proceedings of private nature;
Secondly, the nature of injuries incurred, for which the
Appellants have been convicted, do not appear to exhibit their
mental depravity or commission of an offence of such a serious
nature that quashing of which would override public interest;
Thirdly, given the nature of the offence and injuries, it is
immaterial that the trial against the Appellants had been
concluded or their appeal(s) against conviction stand
dismissed; Fourthly, the parties on their own volition, without
any coercion or compulsion, willingly and voluntarily have
buried their differences and wish to accord a quietus to their
dispute(s); Fifthly, the occurrence(s) in both the cases took
place way back in the years 2000 and 1995, respectively. There
is nothing on record to evince that either before or after the
purported compromise, any untoward incident transpired
between the parties; Sixthly, since the Appellants and the
complainant(s) are residents of the same village(s) and/or work
in close vicinity, the quashing of criminal proceedings will
advance peace, harmony, and fellowship amongst the parties
who have decided to forget and forgive any ill-will and have no
vengeance against each other; and Seventhly, the cause of
administration of criminal justice system would remain un-
effected on acceptance of the amicable settlement between the
parties and/or resultant acquittal of the Appellants; more so
CRM-M-30588-2025 (O&M) - 11-
looking at their present age.
11 A perusal of the aforesaid judgment would establish that the
extraordinary power enjoined upon a High Court under Section 482 CrPC
can be invoked beyond the contours of Section 320 CrPC. It further
establishes that criminal proceedings involving non-heinous offences can be
annulled irrespective of the fact that the trial has already been concluded and
the compromise is struck post-conviction and during pendency of
consequential proceedings. The jurisdiction under Section 482 CrPC has to
be exercised with rectitude considering the circumstances of the case with an
object to secure ends of justice. In the matter of Bhagel Singh Vs. State
Punjab 2014 (3) RCR (Criminal) 578, where an accused had been convicted
for offence under Section 326 IPC and was sentenced to undergo rigorous
imprisonment for 2 years, the parties entered into compromise during
pendency of the appeal, this Court, while placing reliance upon the
precedent judgments of Lal Chand Vs. State of Haryana. 2009 (5) RCR
(Criminal) 838 and Chhota Singh Vs. State of Punjab 1997(2) RCR
(Criminal) 392 allowed the compounding of offence in respect of Section
326 IPC at the appellate stage with the observation that the same would be a
starting point in maintaining peace amongst the parties. Furthermore, in a
judgment dated 09.03.2017, passed in CRR No.390 of 2017 titled as
Kuldeep Singh Vs. Vijay Kumar and another, this Court has held as under:-
'Reliance can be placed on Kaushalya Devi Massand Vs.
Roopkishore Khore, 2011 (2) RCR (Criminal) 298 and
Damodar S. Prabhu Vs. Sayed Babalal, AIR 2010 (SC) 1097,
The revisional jurisdiction of the High Court in terms of Section
CRM-M-30588-2025 (O&M) - 12-
401 CrPC.,1973 would result in bringing about ends of justice
between the parties in the event of finding that the compromise
is genuine, bonafide and free from any undue influence. The
compromise in question would serve as an everlasting tool in
favour of the parties for which indulgence can be given by this
Court. The revisional exercise would also be in consonance
with the spirit of section 147 of Negotiable Instruments Act. The
principles laid down in Damodar S. Prabhu Vs. Sayed Babalal,
AIR 2010 (SC) 1097 would be squarely fortified if the
compromise in question is allowed to be effected between the
parties with leave of the Court. In view of the aforesaid,
impugned judgment dated 19.01.2017 passed by Additional
Sessions Judge, Sri Muktsar Sahib vide which conviction and
sentence of the petitioner was upheld stands quashed. The
revision petition is allowed subject to deposit of 15% of the
cheque amount as per ratio laid down in Damodar S. Prabhu's
case (supra) to State Legal Services Authority, failing which
this order will be of no consequence. Necessary consequences
to follow.
12 End of a dispute, as against adjudication in a case, is the finest
hour of justice. Promotion of peaceful co-existence amongst the litigating
parties is amongst the pursuits of a Court of law along with its primary role
of adjudication of the same. Procedural technicalities would not stand in the
way of Court to scuttle what is otherwise an amicable resolution of a conflict
and interpretation should ordinarily lean in favour of facilitating settlement
of the conflict.
13 Thus, it is clear from a perusal of the afore-stated precedent
judgments that once the power to quash the proceedings in view of
compromise has been held to be vested in the Court in a pending trial, such
CRM-M-30588-2025 (O&M) - 13-
power would by necessary implication be also available with the High Court
in a pending appeal and thereafter.
14 The following relevant factors emerge from perusal of the case
as well as the subsequent developments supplementing a case for invocation
of the powers under Section 528 BNSS:-
(i) The dispute arises out of a spat between the parties.
(ii) The petitioner(s) are in the age bracket of 30-34 years and
continuation of criminal proceedings will cause severe
repercussions to the petitioner(s) in discharge of their social
obligations as well as at their workplace.
(iii) The petitioner(s) were convicted and sentenced vide
judgment dated 27.04.2022 by the Judicial Magistrate First
Class, Yamuna Nagar at Jagadhri and the appeal is pending
before the Sessions Court;
(iv) The petitioner(s) are in their thirties and continuation of
criminal proceedings will cause severe repercussions to the
petitioner(s) in discharge of their social obligations as well as in
their work place;
(v) The parties are residents of the same locality and
continuation of the proceedings is likely to spoil the peaceful
atmosphere of the locality;
(vi) The offence in question cannot be said to be heinous or
as an offence that would be shocking to the conscience of the
society or public at large. It can also not be termed as one
shocking to the conscience of the Court;
CRM-M-30588-2025 (O&M) - 14-
(vii) Continuation of the proceedings and forcing the parties
to undergo rigours of criminal proceedings is not likely to sub-
serve any large public interest;
(viii) No larger public purpose would be served by continuation
of the proceedings;
(ix) Petitioner does not suffer any criminal antecedents and has
not indulged in any such or similar case during the pendency of
the case or after registration of the FIR.
(x) The object of law is well served when the parties resolve
their differences and choose to peacefully co-exist and live in
harmony.
15 In view of the report of the concerned Judicial Magistrate First
Class and the principles laid down by the Apex Court in Gian Singh Vs.
State of Punjab and others (2012) 10 SCC 303, as well as Ramgopal And
Another Vs State of Madhya Pradesh 2021 SCC Online SC 834 and also
by the Full Bench of this Court in Kulwinder Singh and others Vs. State of
Punjab and another, 2007(3) RCR (Criminal) 1052 and Sube Singh and
another Vs. State of Haryana and another reported as 2013 (4) RCR
(Criminal) 102, the instant petition is allowed. The aforesaid FIR bearing
No.03 dated 02.01.2016 under Section(s) 323, 324, 326, 427 and 506 of the
Indian Penal Code, 1860
registered at Police Station Chhapar, District
Yamuna Nagar; judgment of conviction dated 27.04.2022 (Annexure P-4)
passed by the Judicial Magistrate First Class, Yamuna Nagar along with all
other consequential proceedings arising therefrom are hereby quashed qua
the petitioner(s) in view of compromise dated 18.12.2023 (Annexure P-2)
CRM-M-30588-2025 (O&M) - 15-
entered between the parties. However, the same would be subject to payment
of costs of Rs.5000/- each to be deposited by the petitioner(s) with the
Haryana State Disaster Response Fund, State Bank of India, Account
No.39681102475, IFSC-SBIN0010603, New Haryana Civil Secretariat
Branch, Sector 17, Chandigarh, within two months from receipt of a
certified copy of this order.
16 Petition is allowed.
August 28, 2025. (VINOD S. BHARDWAJ)
raj arora JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Legal Notes
Add a Note....