The Punjab & Haryana High Court confirms that the established principles for quashing of criminal proceedings based on compromise—previously applied under Section 482 CrPC—are equally applicable under the identical provision, Section 528 of the BNSS, 2023. The Court clarifies the scope and limits for quashing FIRs involving non-compoundable, but predominantly private, offences, and sets binding precedent for all subordinate courts in Punjab and Haryana.
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 |
| Bench | Single Judge Bench – MR. JUSTICE SUMEET GOEL |
| Precedent Value | Binding on all subordinate courts in Punjab and Haryana; persuasive for other High Courts |
| Overrules / Affirms | Affirms existing Supreme Court and High Court precedent (including Gian Singh, Kulwinder Singh, Ram Gopal) |
| Type of Law | Criminal Law – Quashing of FIR on basis of compromise; Interpretation of Section 528 BNSS, 2023 |
| Questions of Law | Whether the principles governing quashing of criminal proceedings on the basis of compromise under Section 482 CrPC apply identically to Section 528 BNSS, 2023. |
| Ratio Decidendi |
The Court held that Section 528 of BNSS, 2023 is statutorily identical to Section 482 CrPC; thus, all established principles governing quashing of criminal proceedings based on compromise apply equally. The inherent power may be exercised to quash FIRs relating to offences overwhelmingly and predominantly of a private nature based on voluntary and genuine compromise, after considering the factual matrix, antecedents, and absence of societal impact. Serious offences affecting society at large (e.g., murder, rape, dacoity) are excluded from this discretion. The process mandates careful scrutiny to ensure the compromise is genuine, voluntary, and without coercion. |
| Judgments Relied Upon |
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| Logic / Jurisprudence / Authorities Relied Upon by the Court | The Court relied upon prior judicial exposition of the scope of inherent powers in quashing non-compoundable offences based on compromise, acknowledging the wide power but also the need for circumspection, and clarified continuance of such principles under BNSS. |
| Facts as Summarised by the Court | FIR No.144 dated 06.05.2023 was registered under Sections 323, 324, 379, 34 IPC at Police Station Civil Lines Batala, District Batala, concerning a dispute between the petitioners and the complainant. The parties entered a compromise dated 12.06.2025, confirmed as genuine and voluntary by the trial court. No party was absconding or declared a proclaimed offender; only the petitioners were accused and only one complainant was involved. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Punjab and Haryana |
| Persuasive For | Other High Courts, Supreme Court |
| Follows |
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What’s New / What Lawyers Should Note
- The judgment expressly clarifies and applies the continuity of the legal principles for quashing criminal proceedings on the basis of compromise under Section 528, BNSS, 2023 (the successor to Section 482 CrPC).
- Reiterates that compromise-based quashing is viable where offences are “overwhelmingly and predominantly of civil character.”
- Stresses that prior Supreme Court/High Court principles (e.g., Gian Singh, Kulwinder Singh) directly apply under BNSS as they did under the CrPC.
- Confirms that scrutiny for voluntariness and absence of coercion remains mandatory.
- Lawyers appearing in BNSS-era cases can directly cite CrPC precedents for similar relief.
Summary of Legal Reasoning
- The Court recapitulated the established jurisprudence from Supreme Court and previous High Court cases (notably Gian Singh, Kulwinder Singh, and Ram Gopal) that the inherent jurisdiction to quash criminal proceedings, despite the bar under Section 320 CrPC, is retained for non-compoundable offences predominantly of a private nature.
- It emphasized that the power under Section 528 BNSS is “much wider and is unaffected by Section 320 of the Code,” but with such wide power comes a proportionately greater need for caution.
- The Court listed the essential criteria reiterated in precedent: the nature of the offence (private v. heinous/public), the voluntary and genuine character of the compromise, the conduct of the accused, and the absence of antecedents or manipulation.
- The Court noted that the procedure for verifying a compromise (trial court recording statements, verifying identities, ensuring absence of coercion) had been fulfilled.
- It then expressly affirmed that Section 528 BNSS is a restatement of Section 482 CrPC and thus the legal framework built under the latter is “transplanted” to the new provision.
Arguments by the Parties
Petitioner
- The dispute is primarily of private nature.
- A compromise dated 12.06.2025 has been effected genuinely and voluntarily between the parties.
- Seeks quashing of all proceedings on the strength of the compromise.
Respondent No.2 (Complainant)
- Confirms the compromise is voluntary.
- States that there is no objection to FIR/proceedings being quashed.
State
- States “no objection” to quashing of the FIR and proceedings, considering the compromise.
Factual Background
The matter arose from FIR No.144, dated 06.05.2023, registered at Police Station Civil Lines Batala under Sections 323, 324, 379, 34 IPC, on a complaint by Lovepreet Singh against Baljinder Singh and Gagandeep Singh. The dispute was between private parties, and after initial proceedings, they entered into a written compromise dated 12.06.2025. Statements of all parties were recorded by the trial court, which found the compromise to be genuine, voluntary, and free from coercion or undue influence. There were no other accused or complainants, and none of the accused was a proclaimed offender.
Statutory Analysis
The Court focused on Section 528 of the BNSS, 2023—declaring it to be textually and conceptually identical to Section 482 of the CrPC, 1973—granting the High Court inherent powers to secure ends of justice. The established construction and judicially evolved parameters for Section 482 CrPC were held to apply identically to petitions under Section 528 BNSS, including the scope for quashing proceedings based on genuine, voluntary compromise in matters of predominantly private/offences of civil character.
Dissenting / Concurring Opinion Summary
None indicated in the judgment.
Procedural Innovations
- Permitting the trial court to record statements through various modes (physical appearance, video conferencing, or through a Commissioner).
- Mandating affidavit and verification of identity by counsel.
- Ensuring the trial court/judicial officer satisfied themselves of the voluntariness and genuineness of the compromise.
- Requiring a report covering accused and complainant status, and whether any accused was absconding/proclaimed offender.
Alert Indicators
- ✔ Precedent Followed – Existing law under Section 482 CrPC is affirmed and applied under Section 528 BNSS, 2023.
Citations
- Gian Singh v. State of Punjab and another, 2012(10) SCC 303
- Kulwinder Singh & others v. State of Punjab & another, 2007 (3) RCR (Criminal) 1052
- Ram Gopal and another v. State of Madhya Pradesh, 2021(4) R.C.R. (Criminal) 322