Allowed

Mohammad Sabar v. State of Punjab and Another

Punjab & Haryana HC12 Mar 2026CRM-M/2883/2026

Case brief

AI extract

What is this about?

The Court quashed the FIR and proceedings under Sections 318(4) and 316(2) of BNS based on a post-trial compromise settlement. Relying on precedent, the Court held that inherent powers allow quashing to secure justice and prevent abuse of process even for non-compoundable offences.

What did the court decide?

The present petition is allowed; Sections 318(4), 316(2) of BNS and all consequential proceedings are quashed.

Mohammad Sabar Vs State of Punjab and Another — Quashing and FIR | Punjab & Haryana HC (2026)

¶1

Sections 318(4), 316(2) of BNS, and all subsequent proceedings arising therefrom o n the basis of the compromise deed and a f fidavit, Annexures P-5 and P-6.

¶2

This Court while issuing noti c e of motion vide order dated 20.01.2026 , directed the parties to appea r before the trial Court/Illaqa Magistrate f or recording their statements w i th regard to the compromise. 3. Pursuant to the aforesaid ord e r, report dated 02.03.2026 has been recei v ed from the Chief Judicial Ma g istrate, Malerkotla. A perusal of the said report reveals that statements o f the concerned persons have been recor d ed in the present case, who have stated that the matter has been settle d between them and they have n o objection in case the FIR in

¶3

PARVEEN KUMAR 2026.03.12 19:32 I attest to the accuracy and integrity of this order/judgment.

¶4

question is quashed. The compromise effected between them is genuine, without any undue influence and coercion. It is stated in the report that there is only one accused, who has not been declared as proclaimed offender.

¶5

Heard learned counsel for the parties and also gone through the case file.

¶6

The Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, held that High Court has power under Section 482 Cr.P.C. to allow the compounding of non-compoundable offence and quash the prosecution where the High Court is of the view that the same was required to prevent the abuse of the process of law or otherwise to secure the ends of justice. This power of quashing is not confined to matrimonial disputes alone.

¶7

Hon'ble the Supreme Court of India in the case of Gian Singh vs. State of Punjab and another, 2012 (4) RCR (Criminal) 543, had observed that in order to secure the ends of justice or to prevent the abuse of process of Court, inherent power can be used by this Court to quash criminal proceedings in which a compromise has been effected.

¶8

The relevant portion of para 57 of the said judgment reads thus:-

¶9

“57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code.

¶10

Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. XXX---XXX ”

¶11

PARVEEN KUMAR 2026.03.12 19:32 I attest to the accuracy and integrity of this order/judgment.

¶12

7. In view of the afore-referred judgments, perusing the report of the trial Court regarding amicable settlement between the petitioner and the complainant, this Court finds that quashing the FIR will accord a quietus to all disputes between the parties and it is in the interest of both sides to bury the hatchet and lead a peaceful life. Thus, no useful purpose would be served in continuing the proceedings and in order to secure the ends of justice, the criminal proceedings in the present case deserve to be quashed.

¶13

8. Resultantly, the present petition is allowed and Sections 318(4), 316(2) of BNS, and all other consequential proceedings arising therefrom are quashed qua the petitioner on the basis of the compromise.

¶14

PARVEEN KUMAR 2026.03.12 19:32 I attest to the accuracy and integrity of this order/judgment.

Mohammad Sabar v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Mohammad Sabar v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

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