Surinder Kumar And ORS v. State F U.T. Chandigarh And ANR

2023:PHHC:050670

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-10440-2020 Date of Decision:-April 12, 2023 Surinder Kumar and others ......Petitioners

Versus

State of U.T. Chandigarh and another ......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. J.S. Thakur, Advocate for the petitioners. Mr. Ankur Bali, Addl. P.P., U.T., Chandigarh assisted by ASI Karan Singh.

Mr. Ravi Kumar Mishra, 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. 10 dated 19.01.2020, registered under Sections 406 and 498-A of Indian Penal Code at Police Station Women, District Chandigarh (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 28.01.2020 (Annexure P-2).

Mr. Ravi Kumar Mishra, Advocate has put in appearance and filed his Power of Attorney on behalf of respondent No.2, which is taken on record.

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 12.03.2020 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 23.03.2021 has been received from the Judicial Magistrate 1st Class, Chandigarh, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. PARUL 2023.04.13 18:40 I attest to the accuracy and authenticity of this document

-22023:PHHC:050670 CRM-M-10440-2020 Learned Addl. P.P., U.T., Chandigarh and learned counsel for 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. 10 dated 19.01.2020, registered under Sections 406 and 498-A of Indian Penal Code at Police Station Women, District Chandigarh (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed qua the petitioners, subject to payment of cost of Rs. 10,000/- to be deposited by the petitioners jointly 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 12, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.04.13 18:40 I attest to the accuracy and authenticity of this document