Raman Nath Alias Raman Vs State of Punjab and Others

Prayer in this petition filed u n der Section 528 of BNSS is fo r quashing of FIR No.149 dated 26.12.2 0 24, under Sections 139, 87 o f BNS (lat e r on Sections 139 and 87 of B NS replaced by Section 137(2 ) and 96 o f BNS vide GD No.10 dated 1 6 .01.2025), registered at Polic e Station L ongowal, District Sangrur, a l ong with all the subsequen t proceedin g s arising therefrom on the basis of compromise date d 12.03.202 5 (Annexure P-4) arrived at bet w een the parties.

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Heard learned counsel for the parties and also gone throug h the case fi l e.

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Vide order dated 24.03.202 5 , the parties were directed t o appear b e fore the trial Court/Illaqa M agistrate for recording thei r statement s with regard to the compromise . 4. Pursuant to the aforesaid or d er, report dated 03.04.2025 ha s been received from the Judicial Magistrat e Ist Class, Sangrur. A perusal o f

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KAPIL 2025.05.03 14:12 I attest to the accuracy and integrity of this document

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CRM-M-15872-2025 (O&M) - 2-

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the said r e port reveals that statements of t h e concerned persons have bee n recorded i n the present case, who have stated that the matter has bee n settled be t ween them and they have n o objection in case the FIR i n question i s quashed. The compromise ef f ected between them is genuine , without a n y undue influence and coercion . 5. The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052 , held that High Cour t

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has powe r under Section 482 Cr.P.C. to a llow the compounding of non - compoun d able offence and quash the prosecution where the High Court i s of the vie w that the same was required to p revent the abuse of the proces s of law or o therwise to secure the ends of justice. This power of quashin g is not con f ined to matrimonial disputes al o ne.

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Hon'ble the Supreme Court in the case of Gian Singh vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543 , ha d observed t hat in order to secure the ends o f justice or to prevent the abus e of proces s of Court, inherent power can be used by this Court to quas h criminal p roceedings in which a comp r omise has been effected. Th e relevant p o rtion of para 57 of the said jud g ment reads thus:-

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“57. The position that emerge s from the above discussion can b e summarised thus: the power o f the High Court in quashing a criminal proceeding or FIR or complaint in exercise of it s inherent jurisdiction is distinct a nd different from the power give n to a criminal court for compo u nding the offences under Sectio n 320 of the Code.

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Inherent power is of wide ple n itude with no statutory limitatio n but it has to be exercised in ac c ord with the guideline engrafted i n

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CRM-M-15872-2025 (O&M) - 3-

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such power viz; (i) to secure t h e ends of justice or (ii) to preven t abuse of the process of any Co u rt.

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xxx xx x xxx. ”

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In view of the afore-referre d judgments, perusing the repor t of the tri a l Court regarding amicable set t lement between the petitioner s and the c o mplainant, this Court finds tha t quashing the FIR will accord a quietus to all disputes between the partie s and it is in the interest of bot h sides to b u ry the hatchet and lead a peace f ul life. Thus, no useful purpos e would be served in continuing the proceedings and in order to secure th e ends of ju s tice, the criminal proceedings i n the present case deserve to b e quashed.

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Resultantly, the present pe t ition is allowed and of FI R No.149 d a ted 26.12.2024, under Sections 139, 87 of BNS (later o n Sections 1 39 and 87 of BNS replaced by Section 137(2) and 96 of BN S vide GD N o.10 dated 16.01.2025)), regist e red at Police Station Longowal , District S a ngrur, is quashed qua the petiti o ner on the basis of compromis e dated 12. 0 3.2025 (Annexure P-4), subject to payment of Rs.20,000/- to be deposited in Poor Patient Welfare Fund, PGIMER, Chandigarh within a p e riod of one month .

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Pending application(s), if an y , shall also stand(s) disposed o f

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according l y.

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(KIRTI SINGH) JUDGE

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03.05.2025 Kapil Wh e ther speaking/reasoned Yes/No Wh e ther reportable Yes/No

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KAPIL 2025.05.03 14:12 I attest to the accuracy and integrity of this document

Raman Nath Alias Raman v. State of Punjab and Others

Case brief

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Raman Nath Alias Raman v. State of Punjab and Others

Case brief

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