Malkit Kumar vs State Of Haryana And Another
2023 Latest Caselaw 1303 P&H

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                                         Mr. Parminder Walia, Advocate for the petitioners.

                                         Mr. Brijesh Sharma, AAG, Haryana.

                                         Mr. Manoj K. Sharma, Advocate for respondent No.2.

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

seeking quashing of FIR No. 20 dated 06.02.2018, registered under

Sections 323, 406, 506 and 498-A of Indian Penal Code at Police Station

Raipur Rani, District Panchkula (Annexure P-1) and all consequential

proceedings arising therefrom, on the basis of compromise dated

04.02.2021 (Annexure P-2).

PARUL 2023.01.27 09:31 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

Keeping in view the fact that the parties entered into a

compromise, this Court vide order dated 10.02.2021 directed the parties to

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

recorded in that regard. Pursuant thereto, a report dated 22.03.2021 has

been received from Judicial Magistrate 1st Class, Panchkula, 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 15,000/- each to PARUL 2023.01.27 09:31 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

be deposited by the petitioner as well as respondent No. 2 within two

months from today

PARUL 2023.01.27 09:31 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh