Punjab-Haryana High Court
Rajan And Other vs State Of Haryana And Another on 24 April, 2023
CRM-M-42594-2020 1
2023: PHHC:058256
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Sr. No.260 CRM-M-42594-2020
Date of Decision: 24.04.2023
Rajan and others .... Petitioners
Versus
State of Haryana and another ... Respondents
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHITYA
Present: Mr. N.K.Malhotra, Advocate
for the petitioners.
Ms. Trishanjali Sharma, DAG Haryana.
Mr. Deepak Girotra, Advocate
for respondent No.2/complainant.
3 2k 3
TRIBHUVAN DAHIYA, J. (ORAL)
The instant petition has been filed under Section 482 Cr.P.C.
seeking quashing of FIR No.0112 dated 16.07.2017, registered under
Sections 34, 406 and 498-A of IPC at Women Police Station, District Rohtak
(Annexure P-1) and all consequential proceedings arising therefrom, in view
of the compromise, dated 10.12.2020 (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 17.12.2020. Pursuant thereto, a
report dated 15.01.2021 has been received from Judicial Magistrate 1* Class,
Rohtak, at Flag 'A', stating that the compromise arrived at between the
parties is without any pressure, coercion or undue influence. There is no
MANINDER
2023.04.26 17:09
| attest to the accuracy and
authenticity of this order/judgment.
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2023: PHHC:058256
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
2028.08:26 17:09 depravity of the petitioners. Since disputes between the parties have been
| attest to the accuracy and
authenticity of this order/judgment.
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2023: PHHC:058256
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.0112 dated
16.07.2017, registered under Sections 34, 406 and 498-A of IPC at Women
Police Station, District Rohtak, 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
2023.04.26 17:09
| attest to the accuracy and
authenticity of this order/judgment.
