The High Court reaffirms the power to quash FIRs under Section 482 CrPC in light of a genuine compromise between parties, upholding established precedents in the context of offences under the Bharatiya Nyaya Sanhita, 2023. The decision solidifies the precedent for quashing proceedings where compromise is genuine and conviction is unlikely.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/37409/2025 of BALWINDER SINGH AND OTHERS Vs STATE OF PUNJAB AND ANR |
| CNR | PHHC011025672025 |
| Date of Registration | 15-07-2025 |
| Decision Date | 30-10-2025 |
| Disposal Nature | DISPOSED OF |
| Judgment Author | MR. JUSTICE JASJIT SINGH BEDI |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding within Punjab and Haryana; persuasive elsewhere |
| Type of Law | Criminal Procedure; Substantive Offences under BNNS, 2023 |
| Questions of Law | Whether FIR proceedings under BNNS, 2023 can be quashed on the basis of a genuine compromise under Section 482 CrPC? |
| Ratio Decidendi |
The High Court, relying on prior binding precedent, holds that when parties have effected a genuine compromise without coercion, and there is only a remote possibility of conviction, criminal proceedings may be quashed to prevent undue hardship. The powers under Section 482 CrPC are broad enough to enable such relief. The compromise must be voluntary and verified by the Magistrate. This aligns with principles established in “Kulwinder Singh & Ors. Vs. State of Punjab” and “Gian Singh Vs. State of Punjab & Anr.” |
| Judgments Relied Upon |
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| Logic / Jurisprudence / Authorities Relied Upon by the Court |
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| Facts as Summarised by the Court |
Petitioners sought quashing of FIR No.60 dated 04.05.2025 registered under specific sections of the BNNS, 2023, on the basis of a compromise. Statements confirming the compromise were recorded before the Judicial Magistrate, who found it genuine and uncoerced. The Court found that the continuance of trial was unnecessary given the circumstances. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Punjab and Haryana |
| Persuasive For | High Courts in other states and the Supreme Court |
| Follows |
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What’s New / What Lawyers Should Note
- Reaffirms that FIRs registered under the Bharatiya Nyaya Sanhita, 2023 can be quashed on the basis of a genuine, voluntary compromise.
- The involvement of the Magistrate in recording and verifying the genuineness of compromise continues to be necessary.
- This authority can be cited in BNNS, 2023 offences, confirming that “old” precedents interpreting IPC/CrPC concepts remain effective and relevant post-BNNS.
- Restates that remote prospects of conviction and voluntary settlement justify quashing to avoid unnecessary trials.
Summary of Legal Reasoning
The High Court examined whether proceedings arising out of an FIR registered under Sections 115(2), 118(1), 190, 191(1) of the BNNS, 2023, could be quashed where the parties have settled their dispute. Following an order for both parties to have their compromise recorded and verified by the Judicial Magistrate, the Magistrate confirmed that the compromise was genuine and voluntary. The Court held that where a compromise has been effected without coercion and the likelihood of conviction is remote, the High Court’s inherent powers under Section 482 CrPC may be exercised to quash proceedings. Established authorities such as “Kulwinder Singh & Ors.” and “Gian Singh” were relied upon to support this position. The Court found no reason to permit the continuation of the prosecution, considering the settlement and the guidance from precedent.
Arguments by the Parties
Petitioner
Petitioners sought quashing of the FIR on the basis of a compromise arrived at with the complainant.
Respondent (State)
Represented by AAG, Punjab. Arguments not specifically detailed in the judgment.
Respondent No. 2 (Complainant)
Represented by counsel; participated in the compromise process and confirmed the voluntary nature of the settlement before the Magistrate.
Factual Background
Petitioners were named in FIR No.60 dated 04.05.2025, registered under Sections 115(2), 118(1), 190, 191(1) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Sadar Batala, District Gurdaspur. After registration, the parties entered into a compromise on 08.05.2025. Pursuant to a High Court direction, the compromise was recorded and verified in court, with the Judicial Magistrate confirming its genuineness and voluntary character.
Statutory Analysis
The Court considered Section 482 of the Criminal Procedure Code, reiterating its broad inherent powers to prevent abuse of process of court and to secure the ends of justice. The offences invoked (Sections 115(2), 118(1), 190, 191(1) of BNNS, 2023) were not discussed in detail for their substantive content, but the judgment confirms that the nature of these sections does not preclude quashing on compromise, subject to judicial satisfaction regarding genuineness.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions are recorded; the judgment was authored singly by Justice Jasjit Singh Bedi.
Procedural Innovations
Parties’ statements regarding compromise were directed to be recorded and verified by the Judicial Magistrate before the High Court considered quashing the proceedings. No new procedural precedent is set, but existing practice is reinforced.
Alert Indicators
- ✔ Precedent Followed – The judgment follows and affirms existing law as laid down in “Kulwinder Singh & Ors.” and “Gian Singh” regarding quashing on the basis of compromise.