Punjab-Haryana High Court
Arshdeep Singh And Another vs State Of Punjab And Others on 21 March, 2024
Neutral Citation No:=2024:PHHC:041481
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2024:PHHC:041481
CRM-M-59268-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(278)
CRM-M-59268-2023
Date of Decision:-March 21, 2024
Arshdeep Singh and another
......Petitioners
Versus
State of Punjab and others
......Respondents
CORAM: HON'BLE MR. JUSTICE ALOK JAIN
****
Present: Mr. H.S. Mander, Advocate for the petitioners.
Mr. R.S. Bhatta, DAG, Punjab.
Mr. Munish, Advocate for respondents No. 2 & 3.
****
ALOK JAIN, J. (Oral)
1. The instant petition has been filed under Section 482 Cr.P.C.
seeking quashing of FIR No. 52 dated 05.03.2021, registered under
Sections 307, 323, 326, 148, 149 of the Indian Penal Code, at Police
Station Mataur, SAS Nagar, Mohali (Annexure P-1) and all consequential
proceedings arising therefrom, on the basis of compromise dated
20.09.2023 (Annexure P-2).
2. Keeping in view the fact that the parties entered into a
compromise, this Court vide order dated 24.11.2023 directed the parties to
appear before the Illaqa Magistrate/trial Court for getting their statements
recorded in that regard. Pursuant thereto, a report dated 20.03.2024 has
been received from the Chief Judicial Magistrate, SAS Nagar,
Mohali, stating that the compromise arrived at between the parties is
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voluntary and the same is without any pressure, coercion or undue
influence.
3. Learned State Counsel and learned counsel for respondents
No. 2 & 3 admit the factum of compromise and submit that 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. 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
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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.
7. Consequently, this petition is allowed. FIR No. 52 dated
05.03.2021, registered under Sections 307, 323, 326, 148, 149 of the Indian
Penal Code, at Police Station Mataur, SAS Nagar, Mohali (Annexure P-1)
and all consequential proceedings arising therefrom, are hereby quashed
qua the petitioners, subject to payment of cost of Rs. 25,000/- to be
deposited by the petitioners jointly and Rs. 10,000/- to be deposited by
respondents No.2 & 3 jointly within one month from today in Poor Patients
Welfare Fund, PGIMER, Chandigarh.
(ALOK JAIN)
JUDGE
March 21, 2024
Parul
Whether speaking/reasoned:- Yes/No
Whether Reportable:- Yes/No
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