Punjab-Haryana High Court
Vishal Sainy And Another vs State Of Punjab And Others on 5 March, 2024
MOHIT
2024.03.06 17:57
CRM-M-5379-2024 -l-
2024:PHHC:031590
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
269/1
CRM-M-5379-2024
Date of Decision: 05.03.2024
VISHAL SAINY AND ANOTHER
...Petitioners
Versus
STATE OF PUNJAB AND OTHERS
... Respondents
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
Present: Mr. Jaswinder Singh Grewal, Advocate for the petitioners.
Mr. Rajinder Singh Bhatta, DAG, Punjab.
Mr. Piyush Sharma, Advocate for
respondent Nos.2 to 4.
3 2k ie 2c 2
ALOK JAIN, J. (Oral)
1. Prayer in this petition is for quashing of the FIR No.290 dated
20.12.2022, under Sections 307, 34 of IPC and Sections 25 and 27 of Arms
Act, 1959 registered at Police Station Moti Nagar, District Ludhiana
(Annexure P-1) and all other subsequent proceedings arising therefrom on
the basis of the compromise dated 28.12.2023 (Annexure P-3).
2. Keeping in view the fact that the parties entered into a
compromise, this Court vide order dated 01.02.2024 directed the parties to
appear before the Illaqa Magistrate/trial Court for getting their statements
recorded in that regard. Pursuant thereto, a report dated 04.03.2024 has been
received from the Judicial Magistrate Ist Class, Ludhiana 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 to 4 admit the factum of compromise and submit that
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2024.03.06 17:57
2024:PHHC:031590
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 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 the disputes among
themselves in a bona fide manner.
5. The Hon'ble Apex Court in the case of "State of Madhya
Pradesh Vs. Laxmi Narayan" (2019) 5 SCC 688, has upheld that the High
Court under Section 482 Cr.P.C. can quash the criminal proceedings in
respect of non compoundable offences which are private in nature and do
not have serious impact on society.
6. Keeping in view the law laid down by the Hon'ble Apex Court
in the aforesaid judgment, it is crystal clear that the dispute where the wrong
is basically private or personal in nature and the parties have resolved their
entire dispute, the High Court will be within its jurisdiction to quash the
criminal proceedings if it is known that because of compromise arrived at
between the parties, there is remote possibility of securing conviction of the
accused. In fact, in such cases, the Supreme Court has clearly observed that
it would amount to extreme injustices, if despite settlement having been
arrived at between the parties, the criminal proceedings are allowed to
continue.
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2024:PHHC:031590
7. Consequently, this petition is allowed. FIR No.290 dated
20.12.2022, under Sections 307, 34 of IPC and Sections 25 and 27 of Arms
Act, 1959 registered at Police Station Moti Nagar, District Ludhiana
(Annexure P-1), and all consequential proceedings arising therefrom, are
hereby quashed qua the petitioners, subject to payment of cost of Rs.
10,000/- to be deposited by each petitioner and Rs.10,000/- to be deposited
by respondent Nos.2 to 4 jointly, which shall be deposited within one month
from today in the Poor Patients Welfare Fund, PGIMER, Chandigarh.
(ALOK JAIN)
March 05, 2024 JUDGE
Mohit Bishnoi
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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2024.03.06 17:57
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