Bhavuk @ Bhawuk Kataria v. State Of Punjab And Another

2024:PHHC:057458 CRM-M-7553-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-7553-2022 Date of Decision:-26.04.2024 Bhavuk @ Bhawuk kataria.

......Petitioners

Versus

State of Punjab and Ors.

......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Sulvester, Advocate for Mr.Ravi Chadda, Advocate for the petitioners. Mr.Rajinder Singh Bhatta, DAG, Punjab.

Mr. Kuljit Singh, Advocate for respondents No.2 . **** ALOK JAIN, J. (Oral) 1.

The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.467 dated 19.12.2019, registered under Sections 341, 323, 506 IPC registered at Police Station Zirakpur, District SAS Nagar (Annexure P-1) and subsequent proceeding arising therefrom on the basis of compromise dated 15.09.2021 (Annexure P-2). 2.

Keeping in view the fact that the parties entered into a settlement, the Coordinate Bench of this Court vide orders dated 23.02.2022 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 24.05.2022 has been received from Judicial Magistrate First Class, Dera Bassi stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence.

Raman Kumar 2024.05.03 10:08 I attest to the accuracy and integrity of this document

2024:PHHC:057458 CRM-M-7553-2022 3.

Learned State counsel and learned counsel appearing on behalf of respondents No.2 admit the factum of compromise and submit that they have no objection in 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 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 the disputes among themselves in a bona fide manner.

5.

Consequently, the present petition is allowed. FIR No.467 dated 19.12.2019, registered under Sections 341, 323, 506 IPC registered at Police Station Zirakpur, District SAS Nagar (Annexure P-1) and subsequent proceeding arising therefrom, are hereby quashed qua the petitioners subject to costs of Rs.10,000/-, to be paid by the petitioner and Rs.10000/- to be paid by respondent No.2 within a period of two weeks from today in the account of the Nishkam Sewa Group (run by Punjab and Haryana High Court Lawyers at Chandigarh). (ALOK JAIN) JUDGE 26.04.2024 raman Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No Raman Kumar 2024.05.03 10:08 I attest to the accuracy and integrity of this document