Punjab-Haryana High Court
Kuldeep Singh vs State Of Punjab And Another on 20 April, 2024
SANDEEP SETHI 2024.04.22 23:52 2024:PHHC:053184 CRM-M-14280-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (208) CRM-M-14280-2024 Date of Decision:-20.04.2024 Kuldeep Singh beeeee Petitioner Versus State of Punjab and another beeeee Respondent CORAM: HON'BLE MR. JUSTICE ALOK JAIN 3 2 3 3k Present: Ms. Divya Gulati, Advocate for the petitioner. Mr. Siddharth Attri, AAG, Punjab. Mr. Satvinder Singh, Advocate for Mr. Ashok Kumar, Advocate for respondent No.2. 3 2 3 3k ALOK JAIN, J. (Oral)
1. Prayer in this petition is for quashing of the FIR No.0019 dated 11.02.2023, under Sections 323, 324, 326 of IPC (Annexure P-1), registered at Police Station City Patti, District Tarn Taran and all other subsequent proceedings arising therefrom on the basis of the compromise (Annexure P-2).
2. Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 19.03.2024 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 01.04.2024 has been received from the Sub Divisional Judicial Magistrate, Patti, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence.
3. Learned State counsel and learned counsel appearing on behalf of respondent Nos.2 admit the factum of compromise and submit that they | attest to the accuracy and integrity of this Order/Judgment SANDEEP SETHI 2024.04.22 23:52 2024:PHHC:053184 CRM-M-14280-2024 have no objection to quashing of the FIR on that basis.
4. 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.
5. Consequently, this petition is allowed. FIR No.0019 dated 11.02.2023, under Sections 323, 324, 326 of IPC (Annexure P-1), registered at Police Station City Patti, District Tarn Taran, and all consequential proceedings arising therefrom, are hereby quashed qua the petitioner, subject to payment of cost of Rs.10,000/- to be deposited by the petitioner and RS.10,000/- to be deposited by respondent No.2, within one month from today in Poor Patients Welfare Fund, PGIMER, Chandigarh.
(ALOK JAIN) JUDGE April 20, 2024.
Sandeep Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No | attest to the accuracy and integrity of this Order/Judgment