Kaushal Kumar v. State Of Punjab And Others

-12024:PHHC:000571 CRM-M-12997-2019 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (218) CRM-M-12997-2019 (O&M) Date of Decision:-January 05, 2024 Kaushal Kumar ......Petitioner

Versus

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

Present:

Mr. Swarn Tiwana, Advocate for the petitioner.

Mr. P.S. Grewal, DAG, Punjab.

Mr. Raj Karan Singh Verka, Advocate for respondents No. 2 & 3.

**** ALOK JAIN, J. (Oral) 1.

The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 0158 dated 20.07.2017, registered under Sections 406, 420 and 506 of Indian Penal Code at Police Station Gobindgarh Mandi, District Fatehgarh Sahib (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise. 2.

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 20.03.2019 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 14.03.2023 has been received from the Judicial Magistrate 1st Class, Amloh, stating 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 respondents No.2 & 3 admit the factum of compromise and submit that they have no objection to quashing of the FIR on that basis. PARUL 2024.01.16 17:28 I attest to the accuracy and authenticity of this document

-22024:PHHC:000571 CRM-M-12997-2019 (O&M) 4.

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. 5.

Consequently, this petition is allowed. FIR No. 0158 dated 20.07.2017, registered under Sections 406, 420 and 506 of Indian Penal Code at Police Station Gobindgarh Mandi, District Fatehgarh Sahib (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed qua the petitioner, subject to payment of cost of Rs. 10,000/- to be deposited by the petitioner and Rs. 5,000/- to be deposited by respondents No.2 & 3 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.

6.

Pending miscellaneous application(s), if any, also stand disposed of.

(ALOK JAIN) JUDGE January 05, 2024.

Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2024.01.16 17:28 I attest to the accuracy and authenticity of this document