Kuldeep Singh and Anr. v. State of Punjab and Anr., 2026
It reaffirms the police’s discretionary power to register an FIR when a cognizable offence is known.
Judgement Details
Court
Supreme Court of India
Date of Decision
16 March 2026
Judges
Justice Sanjay Kumar and Justice K. Vinod Chandran
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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Dispute arose between two groups in Punjab, the appellants from a Scheduled Caste community and the respondents from an upper-caste group.
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Conflict started over alleged diversion of drainage water into the houses of the appellants.
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Police attempted reconciliation and mediation, but situation turned violent, with shots fired and caste-based abuses hurled at the Scheduled Caste members.
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FIR was registered based on a police officer’s eyewitness statement.
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Punjab & Haryana High Court granted anticipatory bail to the respondents, reasoning that FIR was based on the police’s statement, not the victims.
Issues
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Whether an attempt at reconciliation by police bars registration of an FIR for criminal acts?
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Whether an FIR can be validly registered based on a police officer’s statement rather than the victim’s report?
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Whether the police’s discretionary power to register FIR is curtailed by mediation efforts?
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Whether anticipatory bail granted in such circumstances was justified?
Held
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Appeal allowed; FIR held valid.
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Anticipatory bail cancelled as a prima facie case under the SC/ST Act was made out against the respondents.
Analysis
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Reaffirms the police’s discretionary power to register an FIR when a cognizable offence is known.
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Clarifies that reconciliation efforts cannot override statutory duty under criminal law.
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Emphasizes that FIR cannot be doubted merely because it is based on a police officer’s statement.
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Strengthens protection for SC/ST victims in criminal proceedings.