Punjab-Haryana High Court
Sunny Alias Sani And Others vs State Of Punjab And Others on 2 April, 2024
SANDEEP SETHI
2024.04.09 00:53
2024:PHHC:044073
CRM-M-9812-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(291)
CRM-M-9812-2024
Date of Decision:-02.04.2024
Sunny @ Sani and others
Levees Petitioners
Versus
State of Punjab and others
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
36 2 2 2k
Present: Mr. Tajinder Pal Singh Makkar, Advocate for the petitioners.
Mr. Kuljit Singh, Addl. A.G., Punjab.
Mr. Satnam Singh, Advocate for
Respondent Nos.2 to 4.
3 2 3 3k
ALOK JAIN, J. (Oral)
1. Prayer in this petition is for quashing of the FIR No.0006
dated 12.01.2024, under Sections 452, 323, 506, 427, 148 and 149 of IPC
(offence under Section 308 of IPC was added later on) registered at Police
Station Nehianwala, District Bathinda (Annexure P-1), and all other
subsequent proceedings arising therefrom on the basis of the compromise
dated 15.02.2024 (Annexure P-2).
2. Keeping in view the fact that the parties entered into a
compromise, this Court vide order dated 29.02.2024 directed the parties to
appear before the Illaga Magistrate/trial Court for getting their statements
recorded in that regard. Pursuant thereto, a report dated 22.03.2024 has
been received from the Judicial Magistrate Ist Class, Bathinda, 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
| attest to the accuracy and
integrity of this Order/Judgment
SANDEEP SETHI
2024.04.09 00:53
2024:PHHC:044073
CRM-M-9812-2024
of respondent Nos.2 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.0006 dated
12.01.2024, under Sections 452, 323, 506, 427, 148 and 149 of IPC
(offence under Section 308 of IPC was added later on) registered at Police
Station Nehianwala, District Bathinda (Annexure P-1), and all
consequential proceedings arising therefrom, are hereby quashed qua the
petitioner, subject to payment of cost of RS.5,000/- to be deposited by each
petitioner and RS.5,000/- each to be deposited by respondent Nos.2 to 4,
within one month from today in Poor Patients Welfare Fund, PGIMER,
Chandigarh.
6. As per the report received from the trial Court, it transpires
that the petitioners Bunty, Hari Chand Donga @ Hari Chand and Sanjay @
Sanjay Kumar are facing other FIRs also although there is no other FIR
against accused Sunny @ Sani. Therefore, it is made clear that quashing of
the present FIR shall not be relied upon by the petitioners or private
respondents in the trial of other cases.
(ALOK JAIN)
JUDGE
April 02, 2024.
Sandeep
Whether speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
| attest to the accuracy and
integrity of this Order/Judgment
