Ram Avtar And Another v. State Of Haryana And Another

-1CRM-M-131-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-131-2020 Date of Decision:-March 13, 2023 Ram Avtar and another ......Petitioners

Versus

State of Haryana and another ......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Ram Kumar Saini, Advocate for the petitioners. Mr. Randhir Singh, Addl. A.G., Haryana.

Mr. Arav Gupta, Advocate for respondent No.2. **** ALOK JAIN, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 66 dated 14.09.2016, registered under Sections 323, 406, 498-A, 506 and 34 of Indian Penal Code at Women Police Station Hisar, District Hisar (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of settlement arrived at between the parties in FAO No. 6084 of 2018 titled as "Saroj Vs. Ram Avtar", decided on 05.11.2019, passed by a Co-ordinate Bench of this Court (Annexure P-2).

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 16.02.2021 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 17.12.2022 has been received from the Judicial Magistrate 1st Class, Hisar, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. PARUL 2023.03.18 15:12 I attest to the accuracy and authenticity of this document

-2CRM-M-131-2020 Learned State Counsel and learned counsel for respondent No.2-complainant admit the factum of compromise and submit that they have no objection to quashing of the FIR on that basis. 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. Consequently, this petition is allowed. FIR No. 66 dated 14.09.2016, registered under Sections 323, 406, 498-A, 506 and 34 of Indian Penal Code at Women Police Station Hisar, District Hisar (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed qua the petitioners, subject to payment of cost of Rs. 5,000/- each to be deposited by the petitioners and Rs. 5,000/- to be deposited by respondent No.

2 within two months 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 March 13, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.03.18 15:12 I attest to the accuracy and authenticity of this document