Punjab-Haryana High Court
Kapil And Others vs State Of Haryana And Another on 18 March, 2024
2024:PHHC:038576
CRM-M-49734-2019 (O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
281
CRM-M-49734-2019 (O&M)
Date of Decision:-18.03.2024
Kapil and Ors.
......Petitioners
Versus
State of Haryana and Anr.
......Respondents
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
****
Present: Mr. J.K. Sehrawat, Advocate for the petitioners.
Mr. Anmol Malik, DAG, Haryana.
Mr. Zorawar Singh Chauhan, Advocate for respondent No.2
****
ALOK JAIN, J. (Oral)
1. The instant petition has been filed under Section 482 Cr.P.C.
seeking quashing of FIR No.324 dated 26.06.2018, under Sections 147,
148, 149, 186, 323, 325, 353, 427, 435, 506 of IPC and Section 25 of
Arms Act, 1959 and Section 3 of Prevention of Damage to Public
Property Act 1984, registered at Police Station Hansi City, District
Hissar and subsequent proceeding arising therefrom on the basis of
compromise dated 30.09.2019 (Annexure P-2).
2. Keeping in view the fact that the parties entered into a
settlement, this Court vide order dated 25.01.2024 directed the parties to
appear before the Illaqa Magistrate/trial Court for getting their statements
recorded in that regard. Pursuant thereto, a report dated 22.02.2024 has
been received from Sub Divisional Judicial Magistrate, Hansi stating that
the compromise arrived at between the parties is voluntary and the same is
without any pressure, coercion or undue influence.
2024:PHHC:038576
CRM-M-49734-2019 (O&M)
3. Learned State counsel and learned counsel appearing on behalf
of respondent No.2 admit the factum of compromise and submit that they
have no objection in 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. More so, the trial would also be a futile exercise as there is no
cogent evidence to reach the conviction. Although the last part of the
argument is not sustainable, as the Courts are well within its powers to
proceed in the matter with the evidence available and merely because the
parties have compromised would not be a ground, the trial would be
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CRM-M-49734-2019 (O&M)
futility, however, considering the other aspect that the future of the
daughter of the petitioner will be capitalized.
7. Keeping in view the law laid down by the Hon'ble Apex Court
in the aforesaid judgment, the present petition stands allowed and FIR
No.324 dated 26.06.2018, under Sections 147, 148, 149, 186, 323, 325,
353, 427, 435, 506 of IPC and Section 25 of Arms Act, 1959 and Section
3 of Prevention of Damage to Public Property Act 1984, registered at
Police Station Hansi City, District Hissar and subsequent proceeding
arising therefrom, are hereby quashed qua the petitioners subject to costs of
Rs.10,000/- to be paid by each of the petitioner and Rs.25,000/- to be paid
by respondent No.2 within a period of two weeks from today in the
account of the Poor Patients Welfare Fund, PGIMER, Chandigarh.
8. Pending application(s), if any, stands disposed of.
(ALOK JAIN)
JUDGE
18.03.2024
manju
Whether speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
