Deewanshu Mahajan And ANR v. State Of Punjab And ORS

CRM-M No.19839 of 2022 -1- 2023:PHHC:064493

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CRM-M No.19839 of 2022 Date of Decision : 4.5.2023 Deewanshu Mahajan and another ..... Petitioners versus State of Punjab and others ..... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Vinod Kaushal, Advocate, for the petitioners Mr. Harpreet Singh, Addl. AG, Punjab Mr. Rahul Garg, Advocate, for respondent no.2/complainant --- TRIBHUVAN DAHIYA J. (ORAL):

The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.264 dated 23.11.2010 under Sections 363, 366 and 120-B IPC registered at Police Station Chherretta, District Amritsar City, Amritsar (Annexure P-1), and all consequential proceedings arising therefrom, in view of the compromise deed dated 22.4.2022 (Annexure P-3) entered into between the petitioners and the respondents/complainant to settle their disputes in question. 2.

As the parties entered into a compromise to resolve their disputes which led to registration of the criminal case, they were directed to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard, vide order dated 16.2.2023. Pursuant thereto, a report dated 21.4.2023 has been received from Judicial Magistrate Ist Class, Amritsar, at Flag 'A', stating that the compromise arrived at between the parties is without any pressure, coercion or undue influence. There is no criminal case pending against the petitioners, nor have they been declared proclaimed person. 3.

Learned State counsel and learned counsel appearing on behalf of respondents No.2 and 3/complainant admit the factum of compromise, and submit that they have no objection to quashing of the FIR on that basis. 4.

It has been held by the Supreme Court of India in cases Gian Singh v. State of Punjab and another, 2012(10) SCC 303 and State of Madhya Pradesh v. Laxmi Narayan and others, (2019) 5 SCC 688, that criminal cases having ASHWANI KUMAR 2023.05.10 19:06 I attest to the accuracy and integrity of this document

CRM-M No.19839 of 2022 -2- 2023:PHHC:064493 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 by entering into a compromise.

5.

Further, reference can also be made to Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) R.C.R.(Criminal) 1052, holding that on the parties settling their disputes by way of a compromise, the High Court in exercise of power under Section 482 Cr.P.C. can allow the compounding of non-compoundable offences also, and quash the criminal proceedings to prevent abuse of the process of law or otherwise to secure the ends of justice. The power is not confined to matrimonial disputes alone.

6.

A perusal of the allegations in the FIR as well as the aforesaid report establishes that the present case is predominately of private nature, falls in the category of cases that can be quashed by the High Court in exercise of its inherent jurisdiction under Section 482 Cr.P.C., as per law laid down in the aforementioned judgments. The petitioners have no criminal antecedents. The offences alleged are not heinous in nature and cannot be termed as crime against the society; nor do they show mental depravity of the petitioners. Since disputes between the parties have been amicably resolved by way of the compromise, continuation of criminal proceedings will be an exercise in futility as chances of ultimate conviction are not there, and it will hamper their peaceful coexistence even after resolution of disputes. 7.

Consequently, this petition is allowed. FIR No.264 dated 23.11.2010 under Sections 363, 366 and 120-B IPC registered at Police Station Chherretta, District Amritsar City, Amritsar, and all consequential proceedings arising therefrom, are hereby quashed qua the petitioners. (TRIBHUVAN DAHIYA) JUDGE 4.5.2023 Aw Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHWANI KUMAR 2023.05.10 19:06 I attest to the accuracy and integrity of this document