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Mr. Deepender Singh, Advocate for the petitioner.
Mr. Brijesh Sharma, AAG, Haryana.
Mr. Ram KrishanRana, Advocate for respondent No.2.
The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 976 dated 26.10.2016, registered under Sections 323, 406 498-A and 34 of Indian Penal Code at Police StationHisar City, District Hisar (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise/settlement arrived at between the parties in the proceedings under Section 13-B of the Hindu Marriage Act, 1955.
Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 21.10.2022 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements PARUL 2023.01.21 10:19 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh -2- recorded in that regard. Pursuant thereto, a report dated 06.01.2023 has been received from Chief Judicial Magistrate, Hisar, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence.
Learned State counsel and learned counsel appearing on behalf of respondent No.2-complainant admit the factum of compromise and submit that they have no objection to quashing of the FIR on that basis.
Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal prosecution in such a situation will be an exercise in futility, as the chances of ultimate conviction are bleak. The power under Section 482 Cr.P.C. can be exercised in such matters. It has been held by Supreme Court of India in cases Gian Singh v. State of Punjab and another 2012(10) SCC 303 and Narinder Singh and others v. State of Punjab and another 2014(6) SCC 406 that criminal cases having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved their disputes among themselves in a bona fide manner.
Consequently, this petition is allowed.
, are hereby quashed qua the petitioner subject to payment of cost of 25,000/- to be deposited within two months from today PARUL 2023.01.21 10:19 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh -3- PARUL 2023.01.21 10:19 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh