Vipin Sharma And Others vs State Of Haryana And Others
2023 Latest Caselaw 1806 P&H

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                                                          , Advocate for the petitioners.




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

                        seeking quashing of FIR No. 23 dated 24.04.2019, registered under

                        Sections323, 377, 406, 498-A, 506 and 34 of Indian Penal Code at Police

                        Station Women Cell, Sonipat, District Sonipat (Annexure P-1) and all

                        consequential       proceedings    arising   therefrom,   on    the   basis   of

                        settlement/agreement dated 02.09.2019 (Annexure P-2).
PARUL
2023.02.02 11:52
I attest to the accuracy and
authenticity of this document/judgment
High Court, Chandigarh
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                                         Keeping in view the fact that the parties entered into a

                        compromise, this Court vide order dated 16.11.2019 directed the parties to

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

                        recorded in that regard. Pursuant thereto, a report dated 16.04.2020 has

                        been received from the Civil Judge (Junior Division), Sonepat, 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.3-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

PARUL 2023.02.02 11:52 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

, are

hereby quashed qua the petitioners, subject to payment of cost of 10,000/-

to be deposited by the petitioners jointly and 10,000/- to be deposited by

respondent No.3 within two months from today

PARUL 2023.02.02 11:52 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh