Punjab-Haryana High Court
Vipin Talwar And Others vs State Of Haryana And Another on 29 April, 2024
SANDEEP SETHI 2024.05.04 04:50 2024:PHHC:058330 CRM-M-4743-2024 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (275) CRM-M-4743-2024 Date of Decision:-29.04.2024 Vipin Talwar and others Levees Petitioners Versus State of Haryana and another CORAM: HON'BLE MR. JUSTICE ALOK JAIN 36 2 2 2k Present: Mr. Abhimanu Jangra, Advocate for the petitioners. Mr. Anmol Malik, DAG, Hayana. Mr. Rahul Verma, Advocate for Mr. Mandeep Lamba, Advocate for respondent No.2. 3 2 3 3k ALOK JAIN, J. (Oral)
1. The present petition is for quashing of the FIR No.18 dated 11.04.2023 (Annexure P-1), under Sections 419, 420, 467, 468 and 471 of IPC, registered at Police Station Cyber NIT District Faridabad, and all other subsequent proceedings arising therefrom on the basis of compromise dated 12.01.2024 (Annexure P-2).
2. Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 30.01.2024 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 18.03.2024 has been received from the Civil Judge (Junior Division)-cum-JMIC, Faridabad, 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 | attest to the accuracy and integrity of this Order/Judgment SANDEEP SETHI 2024.05.04 04:50 2024:PHHC:058330 CRM-M-4743-2024 of respondent Nos.2 admit the factum of compromise and submit that 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 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.18 dated 11.04.2023 (Annexure P-1), under Sections 419, 420, 467, 468 and 471 of IPC, registered at Police Station Cyber NIT District Faridabad, and all consequential proceedings arising therefrom, are hereby quashed qua the petitioner, subject to payment of cost of Rs.30,000/- to be deposited by the petitioners (collectively) and Rs.10,000/- to be deposited by respondent No.2, within one month from today in Nishkam Sewa Group (run _by Punjab & Haryana High Court Lawyers at Chandigarh).
(ALOK JAIN) JUDGE April 29, 2024.
Sandeep Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No | attest to the accuracy and integrity of this Order/Judgment