Punjab-Haryana High Court
Gurmel Singh And Ors vs State Of Punjab And Another on 30 January, 2023
CRM-M-34685-2022 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Sr. No.274 CRM-M-34685-2022
Date of Decision: 30.01.2023
Gurmel Singh and others .... Petitioners
Versus
State of Punjab and another ... Respondents
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present: Mr. Mohit Giri, Advocate
for the petitioners.
Mr. Harpreet Singh, Addl. A.G.Punjab.
Mr. F.S.Dhiman, Advocate
for respondent No.2-complainant.
***
TRIBHUVAN DAHIYA, J. (ORAL)
The instant petition has been filed under Section 482 Cr.P.C.
seeking quashing of FIR No.168 dated 10.08.2021, registered under Sections
326, 498-A and 34 IPC (Section 307 IPC has been deleted and Section 326
IPC has been added later on) at PS Samrala, Police District Khanna, District
Ludhiana (Annexure P-1) and all subsequent proceedings arising therefrom,
in view of the compromise, dated 08.07.2022 (Annexure P-2), entered into
between the petitioners 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
27.09.2022. Pursuant thereto, a report dated 03.11.2022 has been received
from Additional Civil Judge (Sr. Division)-cum-SDJM, Samrala, at Flag 'A',
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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 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.168 dated
10.08.2021, registered under Sections 326, 498-A and 34 IPC (Section 307
IPC has been deleted and Section 326 IPC has been added later on) at PS
Samrala, Police District Khanna, District Ludhiana, and all subsequent
proceedings arising therefrom are hereby quashed qua the petitioners.
(TRIBHUVAN DAHIYA)
JUDGE
30.01.2023
Maninder
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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