Yusaf Masih And Another v. State Of Punjab And Others

-12023:PHHC:042549 CRM-M-1635-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-1635-2023 Date of Decision:-March 22, 2023 Yusaf Masih and another ......Petitioners

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Gursimran Singh Bawa, Advocate for the petitioners. Mr. Pankaj Khullar, AAG, Punjab.

Mr. G.S. Randhawa, Advocate for Mr. Kanwaljeet Singh, Advocate for respondents No.2 and 3. **** ALOK JAIN, J. (Oral) The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 91 dated 08.10.2017, registered under Sections 323, 324, 326, 341, 354 and 34 of Indian Penal Code at Police Station Bhindi Saidan, District Amritsar Rural (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 23.12.2022 (Annexure P-2).

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 12.01.2023 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 20.03.2023 has been received from the Judicial Magistrate 1st Class, Ajnala, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. PARUL 2023.03.24 10:24 I attest to the accuracy and authenticity of this document

-22023:PHHC:042549 CRM-M-1635-2023 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. 91 dated 08.10.2017, registered under Sections 323, 324, 326, 341, 354 and 34 of Indian Penal Code at Police Station Bhindi Saidan, District Amritsar Rural (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/- each to be deposited by respondents No.

2 and 3 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 22, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.03.24 10:24 I attest to the accuracy and authenticity of this document