Darshan Kumar Gupta And Ors vs State Of Punjab And Another
2023 Latest Caselaw 1211 P&H

CRM-M-35786-2019
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           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH
(269)
                                                          CRM-M-35786-2019
                                           Date of Decision:-January 19, 2023

Darshan Kumar Gupta and Ors.
                                                              ......Petitioners

                                     Versus

State of Punjab and another
                                                             ......Respondents

CORAM: HON'BLE MR. JUSTICE ALOK JAIN
                    ****


Present:      Mr. Anil Kumar Spehia, Advocate for the petitioners.

              Mr. Arun Gupta, AAG, Punjab.

              Mr. Kapil Khanna, Advocate for respondent No.2.


                    ****

ALOK JAIN, J. (Oral)

CRM-1523-2023

In compliance of the order dated 27.09.2022, the petitioner has

placed on record the judgment and decree dated 03.02.2020 passed by the

Family Court Jalandhar.

Application is allowed and Annexure P3 is taken on record.

CRM-M-35786-2019

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

seeking quashing of FIR No. 41 dated 11.06.2015, registered under

Sections 406, 498-A of Indian Penal Code at Police Station Women Cell,

District Jalandhar City (Annexure P-1) on the basis of compromise dated

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CRM-M-35786-2019

17.07.2019 (Annexure P-2) and all consequential proceedings arising

therefrom.

Keeping in view the fact that the parties entered into a

compromise, this Court vide order dated 29.01.2020 directed the parties to

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

recorded in that regard. Pursuant thereto, a report dated 16.03.2020 has

been received from Judicial Magistrate, 1st Class, Jalandhar, 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. FIR No. 41 dated

11.06.2015, registered under Sections 406, 498-A of Indian Penal Code at

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CRM-M-35786-2019

Police Station Women Cell, District Jalandhar City (Annexure P-1) and all

consequential proceedings arising therefrom, are hereby quashed qua the

petitioners subject to cost of ` 5,000/- to be paid by each of the petitioner

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.

(ALOK JAIN) JUDGE January 19, 2023 manju

Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No

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