Vishal Sharma vs State Of Haryana And Another
2023 Latest Caselaw 1207 P&H

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                                         Mr. Deepender Singh, Advocate for the petitioner.

                                         Mr. Brijesh Sharma, AAG, Haryana.

                                         Mr. Ram KrishanRana, Advocate for respondent No.2.

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

seeking quashing of FIR No. 976 dated 26.10.2016, registered under

Sections 323, 406 498-A and 34 of Indian Penal Code at Police

StationHisar City, District Hisar (Annexure P-1) and all consequential

proceedings arising therefrom, on the basis of compromise/settlement

arrived at between the parties in the proceedings under Section 13-B of the

Hindu Marriage Act, 1955.

Keeping in view the fact that the parties entered into a

compromise, this Court vide order dated 21.10.2022 directed the parties to

appear before the Illaqa Magistrate/trial Court for getting their statements PARUL 2023.01.21 10:19 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

recorded in that regard. Pursuant thereto, a report dated 06.01.2023 has

been received from Chief Judicial Magistrate, Hisar, 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

family disputes, should be quashed when the parties have resolved their

disputes among themselves in a bona fide manner.

Consequently, this petition is allowed.

, are hereby quashed qua the

petitioner subject to payment of cost of 25,000/- to be deposited within

two months from today

PARUL 2023.01.21 10:19 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

PARUL 2023.01.21 10:19 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh