Manohar vs State Of Punjab And Anr
2023 Latest Caselaw 1807 P&H

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                                                           , Advocate for the petitioner.




                                         The instant petition has been filed under Section 482 Cr.P.C.
                        seeking quashing of FIR No. 267 dated 15.11.2017, registered under
                        Sections 406 and 498-A of Indian Penal Code at Police Station Dera bassi,
                        District SAS Nagar (Mohali) (Annexure P-1) and all consequential
                        proceedings arising therefrom, on the basis of compromise (Annexure P-2).
                                         Keeping in view the fact that the parties entered into a
                        compromise, this Court vide order dated 17.03.2020 directed the parties to
                        appear before the Illaqa Magistrate/trial Court for getting their statements
                        recorded in that regard. Pursuant thereto, a report dated 17.01.2023 has
                        been received from the Sub-Divisional Judicial Magistrate, Dera Bassi,
                        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.

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

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 5,000/- to be deposited by the petitioner as well as respondent No.2 jointly (i.e. 2,500/- each) 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