Kanan Bansal vs State Of Haryana And Another
2023 Latest Caselaw 956 P&H

CRM-M-5791-2022 (O&M) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
275
CRM-M-5791-2022 (O&M)
Date of Decision:- January 17, 2023
Kanan Bansal Petitioners
Versus
The State (Govt.of Haryana) and Another =  ----..... Respondents

CORAM: HON'BLE MR. JUSTICE ALOK JAIN Present: Mr. Nitin Garg, Advocate for the petitioner.

Mr. Brijesh Sharma, AAG, Haryana.

RR

ALOK JAIN, J.(QRAL)

The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 128 dated 07.11.2018, registered under Sections 498-A, 323 and 406 of Indian Penal Code at Police Station Dabua, District Faridabad (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of the compromise deed dated 10.12.2020 (Annexure P-2).

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 10.02.2021 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 09.03.2021 has been received from Judicial Magistrate 1% Class, Faridabad, 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 has admitted the factum of compromise and

submit that he has no objection to quashing of the FIR on that basis.

PARUL 2023.01.19 14:03 I attest to the accuracy and

a c is documen t/judgment High Court, Chandigarh

CRM-M-5791-2022 (O&M) 2

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. FIR No. 128 dated 07.11.2018, registered under Sections 498-A, 323 and 406 of Indian Penal Code at Police Station Dabua, District Faridabad (Annexure P-1) and all

consequential proceedings arising therefrom, are hereby quashed qua the

petitioner.

(ALOK JAIN) JUDGE January 17, 2023.

Parul Whether speaking/reasoned__:: Yes/No

Whether reportable : Yes/No

PARUL 2023.01.19 14:03 I attest to the accuracy and

a c is documen t/judgment High Court, Chandigarh