Simranjeet Singh And Others v. State Of Punjab And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (276) Date of Decision:-February 06, 2023 Simranjeet Singh and others ......Petitioners

Versus

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

Present:

Mr. Ritesh Pandey, Advocate for the petitioners. Mr. Arun Gupta, AAG, Punjab Mr. Aazam Khan, Advocate for Ms. Sandeep Kaur, 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. 45 dated 04.07.2019, registered under Sections 406 and 498-A of Indian Penal Code at Police Station Qilla Lal Singh Batala, Police District Batala, District Gurdaspur, (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 28.02.2020 (Annexure P-2).

Learned counsel for the petitioners has submitted that in terms of the compromise, the decree of divorce by mutual consent has already been granted.

Mr. Aazam Khan, Advocate has appeared and filed Power of Attorney of Ms. Sandeep Kaur, Advocate on behalf of respondent No.2, which is taken on record.

-2Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 22.04.2021 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 17.05.2021 has been received from the Judicial Magistrate 1st Class, Batala, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. Learned 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. FIR No. 45 dated 04.07.

2019, registered under Sections 406 and 498-A of Indian Penal Code at Police Station Qilla Lal Singh Batala, Police District Batala, District Gurdaspur, (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed qua the petitioners.

-3Learned counsel for the petitioners has prayed that the respondent be not burdened with any cost. Thus, cost of Rs. 20,000/- shall be deposited by the petitioners jointly within 15 days 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 February 06, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No