Punjab-Haryana High Court
Ajay Kumar And Others vs State Of Punjab And Others on 20 November, 2023
SANDEEP SETHI
2023.11.21 16:26
2023:PHHC:147236
CRM-M-43032-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(284)
CRM-M-43032-2023
Date of Decision:-20.11.2023
Ajay Kumar and others
beeen Petitioners
Versus
State of Punjab and others
beeeee Respondent
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
3 2 3 3k
Present: Mr. Kuljit Singh Bal, Advocate for the petitioners.
Mr. Kamalpreet Bawa, AAG, Punjab.
Mr. Hardeep Singh, Advocate for the petitioners.
3 2 3 3k
ALOK JAIN, J. (Oral)
1. Prayer in this petition is for quashing of the FIR No.126 dated
23.10.2020, under Sections 452, 380, 323, 427, 148 and 149 of IPC
(Annexure P-1), registered at Police Station D-Division, District
Amritsar, Punjab and all other subsequent proceedings arising therefrom
on the basis of the compromise dated 26.06.2023 (Annexure P-2).
2. Keeping in view the fact that the parties entered into a
compromise, this Court vide order dated 29.08.2023 directed the parties to
appear before the Illaqa Magistrate/trial Court for getting their statements
recorded in that regard. Pursuant thereto, a report dated 18.10.2023 has
been received from the Judicial Magistrate Ist Class, Amritsar, 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
of respondent Nos.2 admit the factum of compromise and submit that they
| attest to the accuracy and
integrity of this Order/Judgment
SANDEEP SETHI
2023.11.21 16:26
2023:PHHC:147236
CRM-M-43032-2023
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.126 dated
23.10.2020, under Sections 452, 380, 323, 427, 148 and 149 of IPC
(Annexure P-1), registered at Police Station D-Division, District
Amritsar, Punjab, and all consequential proceedings arising therefrom, are
hereby quashed qua the petitioner, subject to payment of cost of ¥ 5,000/-
to be deposited by each petitioner and ¥ 5,000/- each to be deposited by
respondent Nos.2 and 3, 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
November 20, 2023.
sandeep
Whether speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
| attest to the accuracy and
integrity of this Order/Judgment
