Quashing of FIRs and criminal proceedings under non-compoundable matrimonial offences (including Section 498-A IPC) is permissible in exercise of inherent powers, when parties reach a genuine settlement with no element of coercion. The High Court reaffirmed and applied Supreme Court and Full Bench precedent, clarifying that such orders may be passed to secure the ends of justice. Serves as binding precedent for subordinate courts in Punjab & Haryana, and persuasive for other jurisdictions.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/29963/2025 of GURPREET SINGH AND ANOTHER Vs STATE OF PUNJAB AND ANOTHER |
| CNR | PHHC010851512025 |
| Date of Registration | 26-05-2025 |
| Decision Date | 02-09-2025 |
| Disposal Nature | DISPOSED OF |
| Judgment Author | MR. JUSTICE NAMIT KUMAR |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding on subordinate courts within Punjab & Haryana, persuasive elsewhere |
| Overrules / Affirms | Affirms existing precedent |
| Type of Law | Criminal Law / Matrimonial Offences / Quashing of Proceedings |
| Questions of Law | Whether criminal proceedings for non-compoundable matrimonial offences (e.g., Sections 406, 498-A, 506 IPC) can be quashed under Section 528 BNSS (previously Section 482 CrPC) based on genuine compromise between the parties? |
| Ratio Decidendi | The High Court’s inherent power to quash FIRs/criminal proceedings under Section 528 BNSS/Section 482 CrPC is distinct from statutory compounding under Section 320 CrPC. This power is of wide plenitude with no statutory limitation, exercisable to secure the ends of justice or prevent abuse of process. For offences overwhelmingly civil or private in nature (such as matrimonial disputes including Section 406/498-A IPC), if the parties have amicably settled their dispute genuinely, and the continuation of proceedings would cause unnecessary oppression, the High Court may quash the proceedings after due judicial scrutiny. This is reaffirmed by binding Supreme Court precedent, with the caveat that heinous or serious offences or offences impacting society at large are excluded from this rule. |
| Judgments Relied Upon |
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| Logic / Jurisprudence / Authorities Relied Upon by the Court | The inherent power under Section 528 BNSS/Section 482 CrPC is different from the limited statutory power of compounding offences. Authorities emphasise examining the gravity and nature of offence, genuineness of compromise, and overall interest of justice and society when considering quashing criminal proceedings in such cases. |
| Facts as Summarised by the Court | Petitioners sought quashing of FIR No. 113, dated 02.06.2023, under Sections 406, 498-A, 506 IPC, registered at Police Station Samrala, Khanna, District Ludhiana, and all consequential proceedings, on the basis of a compromise dated 08.05.2025. The trial Court was directed to record statements regarding the genuineness and voluntariness of the compromise. Judicial Magistrate’s report confirmed the compromise was genuine and without undue influence or coercion. |
| Citations | 2007(3) RCR (Criminal) 1052; 2013(4) RCR (Criminal) 1022; 2012(4) RCR (Criminal) 543; 2014(2) RCR (Criminal) 482 |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Punjab & Haryana |
| Persuasive For | Other High Courts, Supreme Court, and courts across India |
| Follows |
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What’s New / What Lawyers Should Note
- Explicitly reaffirms that offences under Sections 406, 498-A, and 506 IPC arising out of matrimonial disputes can be quashed under Section 528 BNSS/Section 482 CrPC upon fair and voluntary compromise, even though they are non-compoundable.
- Distinguishes between the statutory power of compounding under Section 320 CrPC and the High Court’s inherent power to quash, which may be exercised on broader grounds to secure justice.
- Requires judicial scrutiny: courts must examine the nature and gravity of offence, the genuineness of the compromise, and the absence of undue influence before quashing.
- Orders passed in view of established Supreme Court and Full Bench precedent are binding for courts in the jurisdiction.
Summary of Legal Reasoning
- The High Court recognized the distinction between statutory compounding (Section 320 CrPC) and inherent powers (Section 528 BNSS/Section 482 CrPC), following the Supreme Court’s ruling in Gian Singh.
- Applied the Full Bench’s view in Kulwinder Singh and Division Bench in Sube Singh that criminal proceedings involving matrimonial offences that are predominantly private in nature may be quashed if settled amicably and genuinely.
- Affirmed the interpretive guidelines from Gian Singh and Narinder Singh, which require an examination of the genuineness of compromise, nature and gravity of the offence, and overall social impact before allowing quashing.
- Cited facts confirming no undue influence or coercion in the present case; parties sought to preserve family harmony and live peacefully.
- Concluded that, in such circumstances, quashing serves the ends of justice and prevents abuse of judicial process.
Arguments by the Parties
Petitioner:
- FIR relates to a matrimonial dispute under Sections 406, 498-A, 506 IPC.
- Parties have amicably settled the dispute and executed a compromise dated 08.05.2025.
- Requested quashing of FIR and all consequential proceedings.
Respondent (State):
- Represented by AAG.
- Parties have resolved the dispute.
- Supported the request for quashing in the light of the compromise.
Respondent No.2:
- Represented by advocate.
- Confirmed genuine and voluntary settlement.
- No intention to pursue matter further; compromise entered willingly and without coercion.
Factual Background
- FIR No. 113 dated 02.06.2023 was registered at Police Station Samrala, Khanna, District Ludhiana, under Sections 406, 498-A, and 506 IPC against the petitioners.
- The dispute pertained to matrimonial differences between the parties.
- A compromise was reached between the parties on 08.05.2025, following which the petitioners sought quashing of the FIR.
- The trial Court was directed to record statements to confirm the genuineness and voluntariness of the compromise. Judicial Magistrate’s report found the compromise valid and free from coercion.
Statutory Analysis
- The judgment interpreted Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section 482 CrPC), emphasizing its inherent nature, distinct from Section 320 CrPC.
- The Court clarified that the High Court’s inherent power to quash is not statutorily limited like Section 320 CrPC and may be exercised to secure the ends of justice or prevent abuse of the process, after due consideration of case facts and circumstances.
- The Court referenced statutory requirements for judicial scrutiny into the nature and gravity of alleged offences and the genuineness of compromise before passing any quashing order.
Procedural Innovations
- The Court directed the trial Court to conduct a preliminary inquiry by recording the statements of all concerned parties regarding the genuineness and voluntariness of the compromise before deciding the petition for quashing.
- Acceptance of quashing petitions predicated on verified, voluntary, and genuine settlements in non-compoundable matrimonial offence cases, in alignment with established precedent.
Alert Indicators
- ✔ Precedent Followed – Existing law is reaffirmed (Gian Singh, Kulwinder Singh, Narinder Singh).
Citations
- KULWINDER SINGH v. STATE OF PUNJAB & ANR., 2007(3) RCR (Criminal) 1052
- SUBE SINGH & ANR. v. STATE OF HARYANA & ANR., 2013(4) RCR (Criminal) 1022
- GIAN SINGH v. STATE OF PUNJAB & ANR., 2012(4) RCR (Criminal) 543
- NARINDER SINGH & ORS. v. STATE OF PUNJAB & ANR., 2014(2) RCR (Criminal) 482