Punjab-Haryana High Court
Ram Prakash vs State Of Haryana And Another on 9 January, 2024
SANDEEP SETHI
2024.01.15 10:25
2024:PHHC:002163
CRM-M-56144-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(279)
CRM-M-56144-2023
Date of Decision:-09.01.2024
Ram Prakash
ceeees Petitioner
Versus
State of Haryana and another
beeeee Respondents
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
36 2 2 2k
Present: Mr. Randeep Singh Dhakla, Advocate for
Ms. Pooja Jaglan, Advocate for the petitioners.
Mr. Brijesh Sharma, AAG, Haryana.
Mr. Ankit Chdudhary, Advocate for respondent No.2.
3 2 3 3k
ALOK JAIN, J. (Oral)
1. Prayer in this petition is for quashing of the FIR No.363 dated
08.10.2021, under Sections 279, 336 and 427 of IPC, registered at Police
Station Asauda, District Jhajjar and all other subsequent proceedings
arising therefrom on the basis of the compromise dated 30.10.2023
(Annexure P-2).
2. Keeping in view the fact that the parties entered into a
compromise, this Court vide order dated 07.11.2023 directed the parties to
appear before the Illaqa Magistrate/trial Court for getting their statements
recorded in that regard. Pursuant thereto, a report dated 24.11.2023 has
been received from the Civil Judge (JD)/JMIC, Bahadurgarh, 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
2024.01.15 10:25
2024:PHHC:002163
CRM-M-56144-2023
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.363 dated
08.10.2021, under Sections 279, 336 and 427 of IPC, registered at Police
Station Asauda, District Jhajjar, and all consequential proceedings arising
therefrom, are hereby quashed qua the petitioner, subject to payment of cost
of ¥ 5,000/- to be deposited by the petitioner and % 5,000/- to be
deposited by respondent No.2, 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
January 09, 2024.
Sandeep
Whether speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
| attest to the accuracy and
integrity of this Order/Judgment
