Punjab-Haryana High Court
Tarun Vashisht vs State Of Haryana And Others on 4 December, 2023
Manju
2023.12.05 17:02
2023:PHHC:154521
CRM-M- 51490-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(281)
CRM-M- 51490-2023
Date of Decision:-04.12.2023
Tarun Vashisht
beeeee Petitioner
Versus
State of Haryana and Ors.
beeeee Respondents
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
3k 6 2 ie
Present: Mr. Tanmoy Gupta, Advocate for the petitioner.
Mr. Tanuj Sharma, AAG, Haryana.
Mr. Dheeraj Kumar, Advocate for
Mr. Ashok Kumar Munjal, Advocate
for respondents No.2 and 3.
3 2 3 3k
ALOK JAIN, J. (Oral)
1. The instant petition has been filed under Section 482 Cr.P.C.
seeking quashing of FIR No.268 dated 17.09.2023, registered under
Sections 279, 337 of IPC at Police Station, B.P.T.P. District Faridabad,
Haryana (Annexure P-1) and subsequent proceeding arising therefrom on
the basis of compromise dated 04.10.2023 (Annexure P-2).
2. Keeping in view the fact that the parties entered into a
settlement, this Court vide order dated 11.10.2023 directed the parties to
appear before the Illaqa Magistrate/trial Court for getting their statements
recorded in that regard. Pursuant thereto, a report dated 04.11.2023 has
been received from Chief Judicial Magistrate, Faridabad stating that the
compromise arrived at between the parties is voluntary and the same is
without any pressure, coercion or undue influence.
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Manju
2023.12.05 17:02
2023:PHHC:154521
CRM-M- 51490-2023
3. Learned State counsel and learned counsel appearing on behalf
of respondents No.2 and 3-complainant admit the factum of compromise
and submit that they have no objection in 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 201210) 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. Consequently, this petition is allowed. FIR No.268 dated
17.09.2023, registered under Sections 279, 337 of IPC at Police Station,
B.P.T.P. District Faridabad, Haryana (Annexure P-1) and subsequent
proceeding arising therefrom, are hereby quashed qua the petitioner subject
to cost of Rs.10,000/- to be paid by the petitioner within a period of two
weeks from today. The cost shall be deposited in the following account: -
Account Name -- Punjab and Haryana High Court Bar
Association Lawyer's Family Welfare Fund.
Account No. - 41564846387
Bank Name -- SBI High Court Branch.
6. The cost is only imposed upon the petitioner, as respondent
No.2 has no role except that he was trespasser and respondent No.3 is a
minor-boy.
(ALOK JAIN)
JUDGE
04.12.2023
manju
Whether speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
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