Gaurav Monga v. State Of Punjab And ANR
-12023:PHHC:055852 CRM-M-2725-2022
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM-M-2725-2022 Date of Decision:-April 20, 2023 Gaurav Monga ......Petitioner
Versus
State of Punjab and another ......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****
Present:
Ms. Amarjot Kaur, Advocate for Mr. B.S. Bhalla, Advocate for the petitioner. Mr. Pankaj Kullar, AAG, Punjab.
Mr. D. S. Saini, Advocate for Mr. Shivender Pal Singh, 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. 29 dated 01.08.2020, registered under Sections 498-A of Indian Penal Code (Section 354 IPC added later on) at Police Station Women, District Police Commissionerate Amritsar (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise by way of an affidavit dated 17.01.2022 (Annexure P2). Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 14.12.2022 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 10.04.2023 has been received from the Civil Judge (Jr. Division)-cum- Judicial Magistrate 1st Class, Amritsar, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence.
PARUL 2023.04.21 17:15 I attest to the accuracy and authenticity of this document
-22023:PHHC:055852 CRM-M-2725-2022 Learned State Counsel and learned counsel appearing on behalf of 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. 29 dated 01.08.2020, registered under Sections 498-A of Indian Penal Code (Section 354 IPC added later on) at Police Station Women, District Police Commissionerate Amritsar (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed qua the petitioner. Since, the complainant has cohabitated with the petitionerhusband, therefore, the cost is imposed only on the petitioner, for a sum of Rs.
10,000/- to be deposited within one month 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 April 20, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.04.21 17:15 I attest to the accuracy and authenticity of this document