Punjab-Haryana High Court
Sumit Manga And Ors vs State Of Haryana on 19 January, 2023
CRM-M-38630-2022
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(286)
CRM-M-38630-2022
Date of Decision:-January 19, 2023
Sumit Manga and Ors.
......Petitioners
Versus
State of Haryana and Anr.
......Respondents
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
****
Present: Mr. Kunal Dawar, Advocate for the petitioners.
Mr. Brijesh Sharma, AAG, Haryana.
Mr. Gurender Singh, Advocate for
Mr. Yashdev Kaushik, Advocate for respondents No.2.
****
ALOK JAIN, J. (Oral)
The instant petition has been filed under Section 482 Cr.P.C.
seeking quashing of FIR No.77 dated 11.02.2016, registered under Sections
498-A, 406, 506, 376 511, 354-A, 34 of Indian Penal Code at Police Station
Sector-7, Faridabad, Haryana (Annexure P-1) on the basis of compromise
dated 18.07.2022 (Annexure P-2) and all consequential proceedings arising
therefrom including the judgment of conviction passed by Ld. Additional
Sessions Judge Faridabad dated 30.10.2017, whereby petitioners were
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CRM-M-38630-2022
convicted under Section 498-A/34 IPC, 323/34 IPC and 506 IPC and
petitioner No.2 was also additionally convicted under Section 354-A IPC
on the basis of compromised/MOU dated 10.08.2022.
Keeping in view the fact that the parties entered into a
compromise, this Court vide order dated 12.09.2022 directed the parties to
appear before the Illaqa Magistrate/trial Court for getting their statements
recorded in that regard. Pursuant thereto, a report dated 22.09.2022 has
been received from CJ (JD)-cum-JMIC, Faridabad, stating that the
compromise arrived at between the parties is voluntary and the same 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 406
that criminal cases having overwhelmingly civil character, particularly
those arising out of commercial transactions or matrimonial relationships or
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family disputes, should be quashed when the parties have resolved their
disputes among themselves in a bona fide manner.
In the light of the compromise effected between the parties the
order of conviction is set aside and FIR No.77 dated 11.02.2016, registered
under Sections 498-A, 406, 506, 376 511, 354-A, 34 of Indian Penal Code
at Police Station Sector-7, Faridabad, Haryana (Annexure P-1) including
the judgment of conviction passed by Ld. Additional Sessions Judge
Faridabad dated 30.10.2017 is set aside and consequently, this petition is
allowed and all consequential proceedings arising therefrom, are hereby
quashed qua the petitioners subject to cost of ` 50,000/- to be paid by the
petitioners within two months 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.
In the meanwhile, learned counsel for the petitioner is directed
to file an appropriate application in CRA-S-4020-SB-2017 for passing an
appropriate order.
(ALOK JAIN)
JUDGE
January 19, 2023
manju
Whether speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
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