The Punjab and Haryana High Court reiterates that powers under Section 528 BNSS, 2023 permit quashing of FIRs in non-compoundable, private offences upon genuine, voluntary compromise, where the offence is not heinous or affecting society at large.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/33807/2025 of BALJINDER SINGH AND ANOTHER Vs STATE OF PUNJAB AND ANOTHER |
| CNR | PHHC010987852025 |
| Date of Registration | 01-07-2025 |
| Decision Date | 02-09-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | MR. JUSTICE SUMEET GOEL |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding on subordinate courts in Punjab, Haryana and Chandigarh within territorial jurisdiction of the High Court |
| Overrules / Affirms | Affirms long-standing Supreme Court and High Court precedent (e.g., Gian Singh, Kulwinder Singh, Ram Gopal) |
| Type of Law | Criminal Procedure / Inherent Powers of High Court under BNSS |
| Questions of Law | Whether inherent powers under Section 528 BNSS, 2023 (akin to Section 482 CrPC, 1973) extend to quashing non-compoundable ‘private’ offences on basis of compromise and what safeguards/considerations apply. |
| Ratio Decidendi | The inherent powers conferred by Section 528 BNSS, 2023 are coextensive with those in Section 482 CrPC, 1973 and are unaffected by Section 320 CrPC. The High Court may thus quash FIRs for non-compoundable offences where the dispute is overwhelmingly civil or private in nature (such as personal disputes, commercial transactions, matrimonial issues), provided parties have entered a genuine, voluntary compromise, the offence does not impact society at large, and there is no element of coercion or fraud. However, quashing is not permissible for heinous crimes with societal impact. The court must ensure antecedents and conduct of accused are considered, and scrutiny of the compromise is essential. The stage of proceedings and sufficiency of investigation (post-chargesheet/frame of charge) are also relevant. These well-settled principles are equally applicable to Section 528 BNSS, 2023. |
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| Logic / Jurisprudence / Authorities Relied Upon by the Court | Reaffirmation of Apex Court principles—broad inherent power, limits in the interest of justice, “wider the power, greater the caution,” not to be exercised for heinous crimes, scrutiny of volition/freedom of the settlement, public interest |
| Facts as Summarised by the Court | FIR No.144 dated 06.05.2023 was registered at PS Civil Lines Batala under sections 323, 324, 379, 34 IPC against the petitioners following a private dispute. The parties entered into a voluntary, genuine compromise on 12.06.2025. The trial court, after verifying their bona fides and that there was only one complainant and two accused, found no elements of coercion, extraneous influence, abscondence, or pendency as proclaimed offenders. Both the State and complainant raised no objection to quashing. |
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Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the territorial jurisdiction of the Punjab and Haryana High Court |
| Persuasive For | Other High Courts, especially when considering Section 528 BNSS petitions; clarifies that Supreme Court precedents under Section 482 CrPC remain relevant under BNSS |
| Follows |
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What’s New / What Lawyers Should Note
- The judgment expressly equates the scope and principles governing Section 528 BNSS, 2023 with those previously established under Section 482 CrPC, 1973.
- Reiterates mandatory judicial scrutiny of the voluntariness and genuineness of compromises in criminal cases, with detailed procedural directions for verifying parties’ statements.
- Sets out specific types of private/non-heinous offences suitable for quashing upon compromise, while affirming limits for offences having societal impact or involving heinous crimes.
- Clarifies that quashing can only be considered after completion of investigation and chargesheet/framing of charge; not during the investigation stage.
- Lawyers citing this judgment can rely on it for arguing quashing petitions under Section 528 BNSS, especially where parties have compromised in private disputes.
Summary of Legal Reasoning
- The High Court outlines that Section 528 BNSS, 2023 confers inherent jurisdiction analogous to Section 482 CrPC, unafflicted by Section 320’s (compounding) limitations.
- Refers to and applies the legal framework from Supreme Court authorities, particularly Gian Singh, Kulwinder Singh, and Ram Gopal, upholding the broad but cautious use of inherent powers to quash private, non-heinous, non-societal criminal cases upon compromise.
- Highlights that the court’s role requires balancing interests of justice, contamination of the criminal process with private settlements, and the imperative to deter, not condone, crimes against society at large.
- Sets out multi-factor scrutiny: genuineness of compromise; absence of coercion, undue influence, or abscondence; nature of the offence (private v/s societal/heinous); parties’ antecedents and conduct.
- Stresses that at the post-investigation/charge stage, judicial intervention is proper, not during pendency of investigation.
Arguments by the Parties
Petitioner
- Sought quashing on the ground that a genuine, voluntary compromise had been effected between the parties.
- Affirmed the absence of other complainants/affected parties.
- Submitted that the continuance of proceedings would serve no justice.
Respondent / Complainant
- Through counsel, admitted the existence and genuineness of the compromise.
- Stated explicit ‘no objection’ to quashing of FIR and consequential proceedings.
State
- Raised no objection to quashing in view of compromise between the parties.
Factual Background
In FIR No.144 dated 06.05.2023, Police Station Civil Lines Batala, a case was registered under Sections 323, 324, 379, and 34 of the IPC against two accused following a personal dispute. The only complainant, Lovepreet Singh, entered into a compromise with the petitioners on 12.06.2025. Both the complainant and the accused confirmed to the trial court that the compromise was voluntary and without coercion. The State and complainant raised no objection to the quashing of proceedings. No accused was declared a proclaimed offender, and no other parties were involved.
Statutory Analysis
- Section 528 of BNSS, 2023, which replaces Section 482 CrPC, was interpreted as having the same scope and judicial standards for exercise of inherent powers—permitting quashing based on compromise for private, non-heinous offences.
- The judgment expressly affirms the continued applicability of Supreme Court precedent under Section 482 CrPC to new Section 528 BNSS, 2023, with no narrowing or expanding of interpretation.
Procedural Innovations
- The judgment issued procedural guidelines for recording parties’ statements regarding compromise, including possibility of recording by video conferencing or through court-appointed advocate commissioners, with safeguards for identification and voluntariness.
- Judicial directions required detailed reporting by the trial court on presence/absence of other complainants or accused, status of abscondence/proclaimed offender proceedings, and verification of free will in compromise.
Alert Indicators
- ✔ Precedent Followed
Citations
- Gian Singh v. State of Punjab & Anr., (2012) 10 SCC 303
- Kulwinder Singh & Ors v. State of Punjab & Anr., 2007 (3) RCR (Criminal) 1052
- Ram Gopal & Anr. v. State of M.P., 2021 (4) RCR (Criminal) 322 (Criminal Appeal No. 1489 of 2012)