Manpal @ Mainpal And Others vs State Of Punjab And Another
2023 Latest Caselaw 5095 P&H

CRM-M-9331-2022 1
2023: PHHC:058111

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Sr. No.267 CRM-M-9331-2022
Date of Decision: 24.04.2023
Manpal @ Mainpal and others .... Petitioners
Versus

State of Punjab and another ... Respondents

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present: Mr. Davinder Singh Khurana, Advocate
for the petitioners.

Mr. Harpreet Singh, Addl. A.G Punjab.

Mr. Rajinder Singh Bhata, Advocate

for respondent No.2/complainant.
2 2 2k

TRIBHUVAN DAHIYA, J. (ORAL)

The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.49 dated 15.06.2021, registered under Sections 498-A, 323 and 148 IPC at Police Station Sadar Abohar, District Fazilka (Annexure P-1) and all consequential proceedings arising therefrom, in view of the compromise, dated 03.02.2022 (Annexure P-2), entered into between the petitioner(s) and the complainant to settle their disputes in question.

2. As the parties entered into a compromise to resolve their disputes which led to registration of the criminal case, they were directed to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard, vide order dated 04.03.2022 Pursuant thereto, a report dated 11.04.2022 has been received from Judicial Magistrate 1" Class, Abohar, at Flag 'A', stating that the compromise arrived at between the

parties is without any pressure, coercion or undue influence. There is no

MANINDER

2023.04.27 17:55

| attest to the accuracy and authenticity of this order/judgment.

CRM-M-9331-2022 2 2023: PHHC:058111

criminal case pending against the petitioners, nor have they been declared proclaimed person(s).

3. 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.

4. It has been held by the Supreme Court of India in cases Gian Singh v. State of Punjab and another, 2012(10) SCC 303 and State of Madhya Pradesh v. Laxmi Narayan and others, (2019) 5 SCC 688, 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 by entering into a compromise.

5. Further, reference can also be made to Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) R.C.R.(Criminal) 1052, holding that on the parties settling their disputes by way of a compromise, the High Court in exercise of power under Section 482 Cr.P.C. can allow the compounding of non-compoundable offences also, and quash the criminal proceedings to prevent abuse of the process of law or otherwise to secure the ends of justice. The power is not confined to matrimonial disputes alone.

6. A perusal of the allegations in the FIR as well as the aforesaid report establishes that the present case, arising out of matrimonial relationship, falls in the category of cases that can be quashed by the High Court in exercise of its inherent jurisdiction under Section 482 Cr.P.C., as per law laid down in the aforementioned judgments. The petitioners have no criminal antecedents. The offences alleged are not heinous in nature and cannot be termed as crime against the society; nor do they show mental

2028.08.07 17:55 depravity of the petitioners. Since disputes between the parties have been

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CRM-M-9331-2022 3 2023: PHHC:058111

amicably resolved by way of the compromise, continuation of criminal proceedings will be an exercise in futility as chances of ultimate conviction are not there, and it will hamper their peaceful coexistence even after resolution of disputes.

7. Consequently, this petition is allowed. FIR No.49 dated 15.06.2021, registered under Sections 498-A, 323 and 148 IPC at Police Station Sadar Abohar, District Fazilka, and all consequential proceedings

arising therefrom are hereby quashed qua the petitioners.

(TRIBHUVAN DAHTYA) JUDGE 24.04.2023 Maninder Whether speaking/reasoned__:: Yes/No

Whether reportable : Yes/No

MANINDER

2023.04.27 17:55

| attest to the accuracy and authenticity of this order/judgment.