Punjab-Haryana High Court
Jaswinder Singh vs State Of Punjab And Others on 22 April, 2024
SANDEEP SETHI
2024.04.25 06:12
2024:PHHC:054166
CRM-M-3250-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(289)
CRM-M-3250-2024
Date of Decision:-22.04.2024
Jaswinder Singh
beeeee Petitioner
Versus
State of Punjab and others
beeeee Respondents
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
3 2 3 3k
Present: Mr. Sukhbir Maandi, Advocate for the petitioner.
Mr. R.S. Thind, DAG, Punjab.
Mr. Virinder Singh Dhindsa, Advocate for
respondent Nos.2 and 3.
3 2 3 3k
ALOK JAIN, J. (Oral)
1. Prayer in this petition is for quashing of the FIR No.125 dated
09.09.2023, under Section 420 of IPC (Annexure P-1), registered at Police
Station Kotwali Nabha, District Patiala and all other subsequent
proceedings arising therefrom on the basis of the settlement/agreement
dated 22.12.2023 (Annexure P-3).
2. Keeping in view the fact that the parties entered into a
compromise, this Court vide order dated 24.01.2024 directed the parties to
appear before the Illaqa Magistrate/trial Court for getting their statements
recorded in that regard. Pursuant thereto, a report dated 18.04.2024 has
been received from the Judicial Magistrate Ist Class, Nabha, 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 and 3 admit the factum of compromise and submit that
| attest to the accuracy and
integrity of this Order/Judgment
SANDEEP SETHI
2024.04.25 06:12
2024:PHHC:054166
CRM-M-3250-2024
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 proceedings 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.125 dated
09.09.2023, under Section 420 of IPC (Annexure P-1), registered at Police
Station Kotwali Nabha, District Patiala, and all consequential
proceedings arising therefrom, are hereby quashed qua the petitioner,
subject to payment of cost of RS.25,000/- to be deposited by the petitioner
and Rs.10,000/- to be deposited by respondent Nos.2 and 3 collectively,
within one month from today in Poor Patients Welfare Fund, PGIMER,
Chandigarh.
(ALOK JAIN)
JUDGE
April 22, 2024.
Sandeep
Whether speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
| attest to the accuracy and
integrity of this Order/Judgment
