Punjab-Haryana High Court
Amritpal Singh And Another vs State Of Punjab And Another on 30 January, 2023
-1-
, Advocate for the petitioners.
Mr. Santosh Kumar, Advocate for
Mr. Mandeep Nagpal, Advocate for respondent No.2.
The instant petition has been filed under Section 482 Cr.P.C.
seeking quashing of FIR No. 94 dated 20.07.2021, registered under
Sections 323, 406, 498-A and 506 of Indian Penal Code at Police Station
Khamano, District Fatehgarh Sahib (Annexure P-1) and all consequential
proceedings arising therefrom, on the basis of compromise dated
03.05.2022 (Annexure P-2).
In compliance of order dated 27.09.2022, status report by way
of an affidavit of Raminder Singh, PPS, Deputy Superintendent of Police,
Sub-Division Khamano District Fatehgarh Sahib, Punjab has been filed by
learned State Counsel on behalf of respondent No.1-State, which is taken
on record, subject to all just exceptions.
Keeping in view the fact that the parties entered into a
compromise, this Court vide order dated 27.09.2022 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 the Sub-Divisional Judicial Magistrate, Khamanon,
PARUL
2023.02.02 11:52
I attest to the accuracy and
authenticity of this document/judgment
High Court, Chandigarh
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.
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 20,000/- to be
deposited by the petitioners (i.e. 10,000/- each) and 20,000/- to be
deposited by respondent No.2 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
