Swaranjeet Kaur And ORS v. State Of Punjab And ORS
-12024:PHHC:040431 CRM-M-3733-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH (282) CRM-M-3733-2024 Date of Decision:-March 20, 2024 Swaranjeet Kaur and others ......Petitioners
Versus
State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****
Present:
Ms. Neha Shukla, Advocate for the petitioners. Mr. R.S. Bhatta, DAG, Punjab.
Mr. Punjeet Sharma, 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. 194 dated 29.06.2019, under Sections 353, 186, 323, 341, 355, 34 of Indian Penal Code, (later on Sections 353 and 186 of IPC was dropped by the learned trial Court and Sections 325, 295 and 201 IPC was added vide order dated 11.03.2022) registered at Police Station Sohana, District SAS Nagar (Mohali) (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 15.01.2024 (Annexure P-2).
2.
Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 25.01.2024 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 14.02.2024 has been received from the Judicial Magistrate 1st Class, SAS Nagar, stating that the compromise arrived at between the parties is voluntary and the PARUL 2024.03.23 10:24 I attest to the accuracy and authenticity of this document same is without any pressure, coercion or undue influence.
-22024:PHHC:040431 CRM-M-3733-2024 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.
Consequently, this petition is allowed. FIR No. 194 dated 29.06.2019, under Sections 353, 186, 323, 341, 355, 34 of Indian Penal Code, (later on Sections 353 and 186 of IPC was dropped by the learned trial Court and Sections 325, 295 and 201 IPC was added vide order dated 11.03.2022) registered at Police Station Sohana, District 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 20, 2024 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2024.03.23 10:24 I attest to the accuracy and authenticity of this document