Sunny Bansal vs State Of Punjab And Another
2023 Latest Caselaw 5506 P&H

               CRM-M-11342-2023                                                                1

               273
                               IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                              CHANDIGARH

                                                                          CRM-M-11342-2023
                                                                          Date of Decision: 27.04.2023

               Sunny Bansal                                                               ....Petitioner

                                                              Versus


               State of Punjab and another                                              ...Respondents

               CORAM: HON'BLE MR. JUSTICE HARSH BUNGER

               Present :                 Mr. Tanvir Singh Grewal, Advocate
                                         for the petitioner.

                                         Mr. Aditya Kapoor, AAG, Punjab
                                         for respondent No.1/State.

                                         Mr. Vishavjeet Gill, Advocate for
                                         Mr. Navkaran S. Sandhu, Advocate
                                         for respondent No.2.

               HARSH BUNGER, J. (Oral)

This petition has been filed under Section 482 Cr.P.C. for

quashing of FIR No.137 dated 06.12.2022 (Annexure P-1), registered under

Sections 420 and 406 of the Indian Penal Code, 1860, registered at Police

Station City Dhuri, District Sangrur, Punjab and all the consequential

proceedings arising therefrom on the basis of compromise deed dated

28.02.2023 (Annexure P-2) arrived at between the parties.

Vide order dated 03.03.2023 passed by this Court, the Illaqa

Magistrate/trial Court was directed to record the statements of the parties

with regard to the genuineness and validity of the compromise.

In compliance thereof, the Sub-Divisional Judicial Magistrate,

Dhuri has submitted a consolidated report vide letter dated 10.04.2023

which indicates that the parties appeared before the Sub-Divisional Judicial

Magistrate, Dhuri and got recorded their respective statements with regard to HIMANI GUPTA 2023.05.02 15:23 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

the validity of the compromise. As per the report, the compromise arrived at

between the parties is genuine and with free will and consent. Relevant

extract of the said report is reproduced as under:-

"5. Further Illaqa Magistrate is to submit a report containing the following information:-

(i) Number of persons arrayed as accused in the FIR: As per the statement of 10 ASI Pinjor Singh No. 1000/Sgr, there is only one accused namely Sunny Bansal son of Suresh Kumar Bansal resident of #633, ward no. 29, Sekha Wala Chowk, Moga, Tehsil & District Moga in the present FIR.

(ii) What is the status of the proceedings of the case/FIR: The case is fixed for awaiting challan.

(iii) Whether any accused is declared proclaimed offender: As per the statement of IO ASI Pinjor Singh No. 1000/Sgr neither any proclamation proceedings are pending against accused Sunny nor he has been declared PO by any Court of law.

(iv) Whether the accused persons are involved in any other case or not?

As per the statement of accused, no other complaint or case is pending between the present parties in any other Court of law. As per the statement of 10 ASI Pinjor Singh No. 1000/Sgr, no other FIR is pending against the accused.

(v) Whether all the concerned have signed the compromise deed: Yes. All the concerned have signed the compromise Ex. CX placed on record.

(vi) Whether the compromise is genuine, voluntarily and without any coercion or undue influence;

From the statements of the parties recorded, it appears that the said compromise is genuine and has been effected voluntarily without any force, coercion or undue influence and out of free will of the parties."

A perusal of the said report shows that statements of the

concerned persons have been recorded in the case, who have stated that the

matter has been compromised and the complainant has further endorsed his

HIMANI GUPTA no objection in case the FIR in question is quashed. They have further stated 2023.05.02 15:23 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

that the compromise arrived at between them is genuine, voluntary and

without any pressure.

Learned counsel for respondent No.2 has again reiterated that

the matter has been settled and the said compromise is in the interest of all

the concerned persons and would help in bringing out peace and amity

between the parties.

Learned State counsel does not raise any serious dispute

regarding quashing of aforesaid FIR in question.

I have heard the learned counsel for the parties and have

perused the file.

In the light of judgments rendered by the Hon'ble Apex Court

in the cases of Shakuntala Sawhney Vs. Kaushalya Sawhney, (1979) 3

SCR 639, Gian Singh Versus State of Punjab and another. 2012(4) RCR

(Criminal) 543 and considering the entire facts, compromise, the statements

of the parties recorded before the Sub-Divisional Judicial Magistrate, Dhuri,

and also the report dated 10.04.2023 submitted by the Sub-Divisional

Judicial Magistrate, Dhuri, since the parties have arrived at a compromise by

amicably settling their disputes and have decided to live in peace, no useful

purpose will be served in allowing the criminal proceedings to continue.

Further, in the light of the above mentioned judicial precedents,

when the parties have entered into a compromise, then continuation of the

proceedings would be mere an abuse of process of the Court.

In order to prevent unnecessary continuation of criminal

proceedings on the ground that there are bleak chances of conviction in the

case, I am of the considered view that it would be in fitness of things to

quash the FIR on the basis of compromise and by quashing the FIR while

accepting the prayer of the petitioner, would be securing the ends of justice. HIMANI GUPTA 2023.05.02 15:23 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

Accordingly, this petition is allowed. FIR No.137 dated 06.12.2022

(Annexure P-1), registered under Sections 420 and 406 of the Indian Penal

Code, 1860, registered at Police Station City Dhuri, District Sangrur, Punjab

and all the consequential proceedings arising therefrom, are quashed qua the

petitioner. However, the same would be subject to payment of costs of

Rs.10,000/- to be deposited by the petitioner with the "Poor Patients

Welfare Fund, PGIMER, Chandigarh" and the said amount would be

spent for the treatment of poor patients within the knowledge of its Medical

Superintendent.

Needless to say that parties shall remain bound by the terms of

compromise and their statements made in the Court below.

All pending application(s), if any, shall stand disposed of.

               27.04.2023                                                       (HARSH BUNGER)
               Himani                                                               JUDGE

                                         Whether speaking/reasoned:             Yes/No
                                         Whether reportable:                    Yes/No




HIMANI GUPTA
2023.05.02 15:23
I attest to the accuracy and
authenticity of this document/judgment
High Court, Chandigarh