Punjab-Haryana High Court
Jaswinder Singh vs State Of Punjab And Others on 22 April, 2024
SANDEEP SETHI 2024.04.25 06:12 2024:PHHC:054166 CRM-M-3250-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (289) CRM-M-3250-2024 Date of Decision:-22.04.2024 Jaswinder Singh beeeee Petitioner Versus State of Punjab and others beeeee Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN 3 2 3 3k Present: Mr. Sukhbir Maandi, Advocate for the petitioner. Mr. R.S. Thind, DAG, Punjab. Mr. Virinder Singh Dhindsa, Advocate for respondent Nos.2 and 3. 3 2 3 3k ALOK JAIN, J. (Oral)
1. Prayer in this petition is for quashing of the FIR No.125 dated 09.09.2023, under Section 420 of IPC (Annexure P-1), registered at Police Station Kotwali Nabha, District Patiala and all other subsequent proceedings arising therefrom on the basis of the settlement/agreement dated 22.12.2023 (Annexure P-3).
2. Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 24.01.2024 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 18.04.2024 has been received from the Judicial Magistrate Ist Class, Nabha, 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 and 3 admit the factum of compromise and submit that | attest to the accuracy and integrity of this Order/Judgment SANDEEP SETHI 2024.04.25 06:12 2024:PHHC:054166 CRM-M-3250-2024 they 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 proceedings 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.125 dated 09.09.2023, under Section 420 of IPC (Annexure P-1), registered at Police Station Kotwali Nabha, District Patiala, and all consequential proceedings arising therefrom, are hereby quashed qua the petitioner, subject to payment of cost of RS.25,000/- to be deposited by the petitioner and Rs.10,000/- to be deposited by respondent Nos.2 and 3 collectively, within one month from today in Poor Patients Welfare Fund, PGIMER, Chandigarh.
(ALOK JAIN) JUDGE April 22, 2024.
Sandeep Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No | attest to the accuracy and integrity of this Order/Judgment