Prabhjit Singh @ Shally v. State Of Punjab And Another

-12024:PHHC:041501 CRM-M-9529-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (288) CRM-M-9529-2024 Date of Decision:-March 21, 2024 Prabhjit Singh @ Shally ......Petitioner

Versus

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

Present:

Mr. Umesh Aggarwal, Advocate for the petitioner. Mr. R.S. Bhatta, DAG, Punjab.

Ms. Aayushi Jindal, Advocate for Mr. Prateek Sodhi, Advocate for respondent No. 2. **** ALOK JAIN, J. (Oral) 1.

The present petition has been filed seeking quashing of FIR No.0173 dated 14.09.2022 under Section 379 of the Indian Penal Code, 1860, and Section 201 IPC added later on and Sections 25, 54 and 59 of the Arms Act, registered at Police Station Ranjit Avenue, District Amritsar (Annexure P-1), and all other subsequent proceedings arising therefrom on the basis of the compromise dated 01.02.2024 (Annexure P-2) 2.

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 22.02.2024 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 19.03.2024 has been received from the Chief Judicial Magistrate, Amritsar, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. PARUL 2024.03.23 10:37 I attest to the accuracy and authenticity of this document

-22024:PHHC:041501 CRM-M-9529-2024 3.

Learned State Counsel and learned counsel appearing on behalf of 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.0173 dated 14.09.2022 under Section 379 of the Indian Penal Code, 1860, and Section 201 IPC added later on and Sections 25, 54 and 59 of the Arms Act, registered at Police Station Ranjit Avenue, District Amritsar (Annexure P-1), and all other subsequent proceedings arising therefrom, are hereby quashed qua the petitioner, subject to payment of cost of Rs. 20,000/- to be deposited by the petitioner as well as respondent No. 2 jointly within one month from today in Poor Patients Welfare Fund, PGIMER, Chandigarh. (ALOK JAIN) JUDGE March 21, 2024 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2024.03.23 10:37 I attest to the accuracy and authenticity of this document