Punjab-Haryana High Court
Vishal Sainy And Another vs State Of Punjab And Others on 5 March, 2024
MOHIT 2024.03.06 17:57 CRM-M-5379-2024 -l- 2024:PHHC:031590 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 269/1 CRM-M-5379-2024 Date of Decision: 05.03.2024 VISHAL SAINY AND ANOTHER ...Petitioners Versus STATE OF PUNJAB AND OTHERS ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN Present: Mr. Jaswinder Singh Grewal, Advocate for the petitioners. Mr. Rajinder Singh Bhatta, DAG, Punjab. Mr. Piyush Sharma, Advocate for respondent Nos.2 to 4. 3 2k ie 2c 2 ALOK JAIN, J. (Oral)
1. Prayer in this petition is for quashing of the FIR No.290 dated 20.12.2022, under Sections 307, 34 of IPC and Sections 25 and 27 of Arms Act, 1959 registered at Police Station Moti Nagar, District Ludhiana (Annexure P-1) and all other subsequent proceedings arising therefrom on the basis of the compromise dated 28.12.2023 (Annexure P-3).
2. Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 01.02.2024 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 04.03.2024 has been received from the Judicial Magistrate Ist Class, Ludhiana 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 to 4 admit the factum of compromise and submit that | attest to the accuracy and integrity of this document MOHIT 2024.03.06 17:57 CRM-M-5379-2024 -2- 2024:PHHC:031590 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 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 the disputes among themselves in a bona fide manner.
5. The Hon'ble Apex Court in the case of "State of Madhya Pradesh Vs. Laxmi Narayan" (2019) 5 SCC 688, has upheld that the High Court under Section 482 Cr.P.C. can quash the criminal proceedings in respect of non compoundable offences which are private in nature and do not have serious impact on society.
6. Keeping in view the law laid down by the Hon'ble Apex Court in the aforesaid judgment, it is crystal clear that the dispute where the wrong is basically private or personal in nature and the parties have resolved their entire dispute, the High Court will be within its jurisdiction to quash the criminal proceedings if it is known that because of compromise arrived at between the parties, there is remote possibility of securing conviction of the accused. In fact, in such cases, the Supreme Court has clearly observed that it would amount to extreme injustices, if despite settlement having been arrived at between the parties, the criminal proceedings are allowed to continue.
| attest to the accuracy and integrity of this document CRM-M-5379-2024 -3- 2024:PHHC:031590
7. Consequently, this petition is allowed. FIR No.290 dated 20.12.2022, under Sections 307, 34 of IPC and Sections 25 and 27 of Arms Act, 1959 registered at Police Station Moti Nagar, District Ludhiana (Annexure P-1), and all consequential proceedings arising therefrom, are hereby quashed qua the petitioners, subject to payment of cost of Rs. 10,000/- to be deposited by each petitioner and Rs.10,000/- to be deposited by respondent Nos.2 to 4 jointly, which shall be deposited within one month from today in the Poor Patients Welfare Fund, PGIMER, Chandigarh.
(ALOK JAIN) March 05, 2024 JUDGE Mohit Bishnoi Whether speaking/reasoned Yes/No Whether reportable Yes/No MOHIT 2024.03.06 17:57 | attest to the accuracy and integrity of this document