Punjab-Haryana High Court
Malkeet Singh @ Mali And Ors vs State Of Punjab And Ors on 20 March, 2024
2024:PHHC:040409
CRM-M-55979-2022
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
266
CRM-M-55979-2022
Date of Decision:-20.03.2024
Malkeet Singh @ Mali and Ors.
......Petitioners
Versus
State of Punjab and Ors.
......Respondents
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
****
Present: Mr. Sukhdeep Singh, Advocate for
Mr. ADS Sukhija, Advocate for the petitioners.
Mr. Rajinder Singh Bhatta, DAG, Punjab.
Mr. Ish Karan Singh, Advocate for
Ms. Bhanvi, Advocate for respondents No.2 and 3.
****
ALOK JAIN, J. (Oral)
1. The instant petition has been filed under Section 482 Cr.P.C.
seeking quashing of FIR No.138 dated 31.05.2021, under 307, 324, 506
and 34 of IPC, registered at Police Station Sadar Patiala District Patiala
and subsequent proceeding arising therefrom on the basis of compromise
dated 13.10.2022 (Annexure P-2).
2. Keeping in view the fact that the parties entered into a
settlement, the Coordinate Bench of this Court vide order dated 02.12.2022
directed the parties to appear before the Illaqa Magistrate/trial Court for
getting their statements recorded in that regard. Pursuant thereto, a report
dated 15.12.2022 has been received from Additional Chief Judicial
Magistrate, Patiala stating that the compromise arrived at between the
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CRM-M-55979-2022
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 respondents No.2 and 3 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
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CRM-M-55979-2022
parties have compromised would not be a ground, the trial would be
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.138 dated 31.05.2021, under 307, 324, 506 and 34 of IPC, registered at
Police Station Sadar Patiala District Patiala and subsequent proceeding
arising therefrom, are hereby quashed qua the petitioners subject to costs of
Rs.40,000/- to be paid by the petitioners (Collectively) and Rs.10,000/- to
be paid by respondents No.2 and 3 within a period of two weeks from
today in the account of the Poor Patients Welfare Fund, PGIMER,
Chandigarh.
(ALOK JAIN)
JUDGE
20.03.2024
manju
Whether speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
