Dinesh Kumar And Others vs State Of Haryana And Others
2023 Latest Caselaw 6658 P&H

SANDEEP SETHI
2023.05.13 17:27

2023:PHHC:066766
CRM-M-11581-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(267/2)

CRM-M-11581-2022.
Date of Decision:-09.05.2023.

Dinesh Kumar and others
veveee Petitioners
Versus

State of Haryana and others
beeeee Respondents

CORAM: HON'BLE MR. JUSTICE ALOK JAIN

36 2 2 2k

Present: Mr. Sushil Sharma, Advocate for the petitioners.
Mr. Arjun Lakhanpal, Addl. A.G., Haryana.

Mr. H.P.S. Ishar, Advocate for respondent Nos.2, 4 and 5.

3 2 3 3k
ALOK JAIN, J. (Oral)

1. Prayer in this petition is for quashing of the FIR No.587 dated

29.11.2015, under Sections 147, 148, 149, 323, 324, 354, 427, 452, 506 of IPC, registered at Police Station Sohna, District Gurugram, Haryana and all other subsequent proceedings arising therefrom on the basis of the compromise/Panchayatnama dated 05.09.2021 (Annexure P-2).

2. Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 30.01.2023 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 19.04.2023 has been received from the Sub-Divisional Judicial Magistrate, Sohna, Gurugram, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence.

3. Learned State counsel and learned counsel appearing on behalf

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SANDEEP SETHI 2023.05.13 17:27

2023:PHHC:066766 CRM-M-11581-2022

of respondent Nos.2, 4 and 5 admit the factum of compromise and submit that they have no objection to quashing of the FIR on that basis.

4. 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.

5. Consequently, this petition is allowed. FIR No.587 dated 29.11.2015, under Sections 147, 148, 149, 323, 324, 354, 427, 452, 506 of IPC, registered at Police Station Sohna, District Gurugram, Haryana and all consequential proceedings arising therefrom, are hereby quashed qua the petitioners, subject to payment of cost of € 12,500/- to be deposited by the

petitioners (jointly), within one month from today in the following

account:-

Account Name -- Punjab and Haryana High Court Bar

Association Lawyer's Family Welfare Fund.

Account No. - 41564846387

Bank Name -- SBI High Court Branch.

(ALOK JAIN) JUDGE

May 09, 2023.

Sandeep

Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No

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