Inderjeet Singh Alias Inderjit ... vs State Of Punjab And Others
2023 Latest Caselaw 1304 P&H

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                                         Mr. Tajinder Pal Singh Makkar, Advocate for the petitioners.

                                         Mr. S.S. Cheema, DAG, Punjab.

                                         Mr. Davinder Singh Khurana, Advocate for
                                         Mr. Amandeep Singh Chahal, Advocate
                                         for respondents No.2 to 4.

The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 80 dated 29.04.2017, registered under Sections 366-A and 376 of Indian Penal Code and Sections 3 and 4 of the Protection of Children from Sexual Offence Act, 2012 at Police Station City-1 Abohar Tehsil Abohar, District Fazilka (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 19.10.2019 (Annexure P-2).

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 29.11.2019 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 30.01.2020 has been received from Sub Divisional Judicial Magistrate, Abohar, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence.

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

Learned State counsel and learned counsel appearing on behalf of respondents No.2 to 4 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 petitioners, subject to payment of cost of 25,000/- to be deposited by the petitioners jointly 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