Gurwinder Singh vs State Of Punjab And Another
2023 Latest Caselaw 1081 P&H

CRM-2149-2023 in/and                                                     1
CRM-M-29994-2022 (O&M)

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH


Sr. No.128+290                                   CRM-2149-2023 in/and
                                                 CRM-M-29994-2022 (O&M)

                                                 Date of Decision: 18.01.2023


Gurwinder Singh                                                   .... Petitioner

                                        Versus

State of Punjab and another                                     ... Respondents


CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:    Mr. Amit Kumar, Advocate
            for the petitioner.

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

            Mr. L.S.Lakhanpal, Advocate for
            Mr. K.S.Lakhanpal, Advocate
            for respondent No.2.
                   ***

TRIBHUVAN DAHIYA, J. (ORAL)

CRM-2149-2023

This is an application for placing on record the certified copy of

judgment and decree of divorce dated 04.11.2022 as Annexure P-3 and also

for grant of exemption from filing the typed copy of the same.

The application is allowed subject to all just exceptions and

Annexure P-3 is taken on record.

CRM-M-29994-2022

The instant petition has been filed under Section 482 Cr.P.C.

seeking quashing of FIR No.40 dated 01.03.2019, registered under Sections

498-A, 406, 506, 323 and 377 of IPC at Police Station Sadar Khanna,

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CRM-M-29994-2022 (O&M)

District Khanna (Annexure P-1) and all subsequent proceedings arising

therefrom, in view of the compromise dated 22.04.2022 (Annexure P-2).

Keeping in view the fact that the parties entered into a

compromise, vide order dated 24.08.2022 of this Court, parties were directed

to appear before the Illaqa Magistrate/trial Court for getting their

statements recorded in that regard. Pursuant thereto, a report dated

17.10.2022 has been received from Judicial Magistrate 1st Class, Khanna, at

Flag 'A', stating that the compromise arrived at between the parties is

without any pressure, coercion or undue influence.

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.

Perusal of the aforesaid report establishes that the parties have

amicably settled their dispute, and continuance of criminal prosecution in

such a situation will be an exercise in futility, as the chances of ultimate

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 466 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.

Consequently, this petition is allowed. FIR No.40 dated

01.03.2019, registered under Sections 498-A, 406, 506, 323 and 377 of IPC

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CRM-M-29994-2022 (O&M)

at Police Station Sadar Khanna, District Khanna and all subsequent

proceedings arising therefrom are hereby quashed qua the petitioner.

                                              (TRIBHUVAN DAHIYA)
                                                   JUDGE

18.01.2023
Maninder


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




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