Mohit Gupta vs State Of Haryana And Others
2023 Latest Caselaw 1436 P&H

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                                         Mr. Mahesh Dheer, Advocate for the petitioner.



                                         Mr. Sandeep Siwach, Advocate for respondent No.2.

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

seeking quashing of FIR No. 1321 dated 15.11.2018, registered under

Sections 323, 377, 406 and 498-A of Indian Penal Code, at Police Station

Thana Sadar, Karnal(Annexure P-1) and all consequential proceedings

arising therefrom, on the basis of compromise dated 20.06.2022(Annexure

P-2).

Keeping in view the fact that the parties entered into a

compromise, this Court vide order dated 03.11.2022 directed the parties to

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

recorded in that regard. Pursuant thereto, a report dated 11.01.2023 has

been received from Chief Judicial Magistrate, Karnal, stating that the

PARUL 2023.01.25 18:35 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

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 depositedby the

petitioner within two months from today

PARUL 2023.01.25 18:35 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

PARUL 2023.01.25 18:35 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh