-1-
, Advocate for the petitioners.
The instant petition has been filed under Section 482 Cr.P.C.
seeking quashing of FIR No. 115 dated 14.11.2021, registered under
Sections 406 and 498-A of Indian Penal Code at Police Station Women,
District Police Commissionerate Ludhiana (Annexure P-1) and all
consequential proceedings arising therefrom, on the basis of compromise
dated 01.07.2022 (Annexure P-4).
Keeping in view the fact that the parties entered into a
compromise, this Court vide order dated 24.08.2022 directed the parties to
appear before the Illaqa Magistrate/trial Court for getting their statements
recorded in that regard. Pursuant thereto, a report dated 19.01.2023 has
been received from the Judicial Magistrate 1st Class, Ludhiana, 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. PARUL 2023.02.02 11:52 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh -2- 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 petitioners, subject to payment of cost of 15,000/- to be deposited by the petitioners jointly within two months from today PARUL 2023.02.02 11:52 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh