Satish Kumar vs State Of Punjab And Anr
2023 Latest Caselaw 1547 P&H

             IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH
268
                                       *****

CRM-M No. 46447 of 2019 Date of Decision : 24.1.2023

Satish Kumar ..... Petitioner versus State of Punjab and another ..... Respondents

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present: Mr. S.K. Choudhary, Advocate, for the petitioner Mr. Harpreet Singh, Addl. AG, Punjab Mr. P.K. Kishanpuri, Advocate, for respondent no.2

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TRIBHUVAN DAHIYA J. (ORAL):

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

seeking quashing of FIR No.18 dated 13.2.2014, under Sections 498-A, 406 and

120-B IPC registered at Police Station Division No.2, District Pathankot

(Annexure P-1) and all consequential proceedings arising therefrom, in view of

the compromise deed dated 5.10.2019 (Annexure P-2), entered into between the

petitioner(s) and the complainant to settle their disputes in question.

2. Keeping in view the fact that the parties had entered into a

compromise, they were directed to appear before the Illaqa Magistrate/trial

Court for getting their statements recorded in that regard, vide order dated

31.10.2019. Pursuant thereto, a report dated 12.12.2019 has been received from

Judicial Magistrate 1st Class, Pathankot, at Flag 'A', stating that the compromise

arrived at between the parties is without any pressure, coercion or undue

influence.

3. Learned State counsel and learned counsel appearing on behalf of

respondent No.2 admit the factum of compromise, and submit that marriage

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between the parties stands dissolved by way of decree of divorce by mutual

consent granted by the Family Court dated 6.12.2019. They further submit that

they have no objection to quashing of the FIR on that basis.

4. It has been held by the 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 466, 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 by entering into a compromise.

5. Further, reference can also be made to Full Bench judgment of this

Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3)

R.C.R.(Criminal) 1052, wherein it has been held that on the parties settling their

disputes by way of a compromise the High Court in exercise of power under

Section 482 Cr.P.C. can allow the compounding of non-compoundable offences

also, and quash the prosecution to prevent abuse of the process of law or

otherwise to secure the ends of justice. The power is not confined to

matrimonial disputes alone.

6. A perusal of the allegations in the FIR as well as the aforesaid

report establishes that the present case falls in the category of cases that can be

quashed by the High Court in exercise of its inherent jurisdiction under Section

482 Cr.P.C., as per law laid down in the aforementioned judgments. Since

disputes between the parties have been amicably resolved by way of the

compromise, continuation of criminal proceedings will be an exercise in

futility, as chances of ultimate conviction are not there.

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7. Consequently, this petition is allowed. FIR No.18 dated 13.2.2014,

under Sections 498-A, 406 and 120-B IPC registered at Police Station Division

No.2, District Pathankot, and all consequential proceedings arising therefrom

are hereby quashed qua the petitioner.

                                                       (TRIBHUVAN DAHIYA)
                                                               JUDGE
24.1.2023
Ashwani


            Whether speaking/reasoned:      Yes/No
            Whether reportable:             Yes/No




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