Abhishek Handuja And Others vs State Of Haryana And Another
2023 Latest Caselaw 291 P&H

                         IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
                       Sr. No.: 244
                                                     Criminal Miscellaneous No.M-40760 of 2022
                                                              Date of Decision: January 09, 2023

                       Abhishek Handuja & others
                                                                                ..... PETITIONER(S)
                                                         VERSUS
                       State of Haryana & another
                                                                               ..... RESPONDENT(S)
                                                            ...

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA ...

PRESENT: - Mr. Ishan Khetarpal, Advocate, for the petitioners.

Ms. Ankita Ahuja, Assistant Advocate General, Haryana.

Mr. S.S. Kang, Advocate, for respondent No.2.

. . .

Tribhuvan Dahiya, J (Oral)

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

for quashing of FIR No.377 dated 29.09.2020 under Sections 406, 498-A,

323, 354, 377, 506 IPC registered at Police Station, Farakpur, District

Yamuna Nagar (Annexure P-1) alongwith consequential proceedings on the

basis of compromise dated 04.01.2022 (Annexure P-3).

Learned counsel for the petitioners has submitted that

Sections 354 and 377 IPC have been deleted, that fact has not been disputed

by the State counsel.

Keeping in view the fact that the parties have entered into a

compromise, this Court vide order dated 07.09.2022 had directed the parties

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

recorded in support of the compromise. Pursuant thereto, a report dated

07.10.2022 has been received from Judicial Magistrate Ist Class, Yamuna

Nagar at Jagadhri, stating that the compromise arrived at between the parties

is without any pressure, coercion or undue influence. AVIN KUMAR 2023.01.10 17:53 I attest to the accuracy and integrity of this order/judgment Crl. Misc. No.M-40760 of 2022 [2]

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 the quashing of FIR on that basis.

Perusal of the aforesaid report establishes that the parties

have amicably settled their dispute and continuance of criminal prosecution

would 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 vs.

State of Punjab & another, 2012(10) SCC 303 and Narinder Singh & others

vs. 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.

Consequently, this petition is allowed. FIR No.377 dated

29.09.2020 under Sections 406, 498-A, 323, 354, 377, 506 IPC registered

with Police Station, Farakpur, District Yamuna Nagar (Annexure P-1) and

all consequential proceedings arising therefrom is hereby quashed qua the

petitioners.

                                                                      (Tribhuvan Dahiya)
                                                                            Judge
                       January 09, 2023
                       avin



                       Whether Speaking/ Reasoned:                        Yes/ No
                       Whether Reportable:                                Yes/ No
AVIN KUMAR
2023.01.10 17:53
I attest to the accuracy and
integrity of this
order/judgment