Punjab and Haryana High Court Upholds Public Duty: FIR Against Sarpanch and Son to Continue Despite Compromise

Court emphasizes societal interests and mandates administrative action against public servants for unauthorized compromise

Chandigarh, October 9, 2025: In a significant judgment delivered by the Punjab and Haryana High Court, Justice Sumeet Goel has ruled against the quashing of an FIR registered against public servants who were assaulted during their official duties. The petitioners, Inderjeet Suhag and Akshay Suhag, sought the quashing of FIR No. 234, dated August 22, 2024, registered under various sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, at Police Station Beri, Jhajjar, Haryana. This request was based on a compromise deed reached with the complainants.

The case revolves around an incident on August 21, 2024, when government employees-Rakesh, Sunil, and Mohit-were performing night duty at a complaint center located in Jat Dharamshala, Beri. The employees were obstructed by villagers, including Inderjeet Suhag, the Sarpanch of Bishan village, and his sons, who allegedly assaulted and threatened them, thereby obstructing their official work.

Despite a compromise being reached between the parties, the Court highlighted that the allegations involved serious offences against government officials performing their duties. The judgment underscored that such offences carry a broader societal impact and cannot be quashed merely on the basis of a compromise between the parties, especially when requisite approval from competent administrative authorities is absent.

Justice Goel emphasized the inherent powers of the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which allows intervention to prevent abuse of the legal process and to uphold justice. However, he clarified that these powers must be exercised judiciously, particularly in cases where public servants are involved in discharging official duties.

The judgment directs the Administrative Secretary of the Department concerned to investigate the unauthorized compromise by the public servants involved and to take appropriate action in accordance with existing rules. The Court mandates a compliance affidavit to be filed within three months, failing which punitive measures may be enforced.

This decision reaffirms the legal principle that offences against public servants, especially those obstructing official duties, possess an overriding element of public interest. The Court's ruling aims to ensure that justice is served not only in private disputes but also in matters affecting public order and governance.

Bottom Line:

Criminal proceedings against public servants for acts committed during discharge of official duty cannot be quashed based on compromise deed between parties, particularly without requisite approval from competent administrative authority.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Inderjeet Suhag v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2791956