Gurmander Singh And Others v. State Of Punjab And Another

-1Mr. Ashish Gupta, Advocate for the petitioners. Mr. Varun Gupta, Advocate for Mr. Gurbhej Singh, Advocate for respondent No.2. The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of Complaint No. 21 dated 03.10.2018, registered under Sections 406 and 498-A of Indian Penal Code, in the Court of Judicial Magistrate 1st Class, District Moga (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 22.01.2021 (Annexure P-3).

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 07.04.2021 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 12.07.2021 has been received from Judicial Magistrate 1st Class, Moga, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. PARUL 2023.01.25 18:35 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

-2Learned State counsel and learned counsel appearing on behalf of 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.

, are hereby quashed qua the petitioners, subject to payment of cost of 10,000/- each to be deposited by the petitioners as well as respondent No.2 within two months from today PARUL 2023.01.25 18:35 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh