Amrinder Singh And Others v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (286) Date of Decision:-March 21, 2024 Amrinder Singh and others ......Petitioners

Versus

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

Present:

Mr. G.S. Sandhu, Advocate for the petitioners. Mr. R.S. Bhatta, DAG, Punjab.

Mr. Anil K. Sokal, Advocate for respondent No. 2. **** ALOK JAIN, J. (Oral) 1.

The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.0127 dated 29.05.2023 under Sections 458, 427, 148 and 149 of the Indian Penal Code, 1860, registered at Police Station Sadar Mansa (Annexure P-1), and all other subsequent proceedings arising therefrom on the basis of the compromise/statement dated 16.09.2023 (Annexure P-4).

2.

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 20.02.2024 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 14.03.2024 has been received from the Additional Chief Judicial Magistrate, Mansa,

-2stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. 3.

Learned State Counsel and learned counsel for respondent No. 2 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.0127 dated 29.05.2023 under Sections 458, 427, 148 and 149 of the Indian Penal Code, 1860, registered at Police Station Sadar Mansa (Annexure P-1), and all other subsequent proceedings arising therefrom, are hereby quashed qua the petitioners, subject to payment of cost of Rs. 50,000/- to be deposited by the petitioners jointly and Rs. 50,000/- to be deposited by respondent No.2 within one month from today in Poor Patients Welfare Fund, PGIMER, Chandigarh.

6.

It is made clear that, in case, the respondent No. 2 tries to force the petitioners to deposit the cost or does not deposit the cost imposed on

-3him, the petitioners are at liberty to make an appropriate application for passing appropriate orders against respondent No. 2 for initiation of separate proceedings against them.

(ALOK JAIN) JUDGE March 21, 2024 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No