Surinder Bhadu v. State Of Punjab And ANR

-12023:PHHC:043367 CRM-M-21632-2019

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-21632-2019 Date of Decision:-March 23, 2023 Surinder Bhadu ......Petitioner

Versus

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

Present:

Mr. Kamal Narula, Advocate for the petitioner. Mr. Pankaj Khullar, AAG, Punjab.

Mr. K.S. Mamrat, Advocate for Mr. Gurmit Singh Saini, 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. 21 dated 29.03.2019, registered under Sections 341, 354-D, 506 and 34 of Indian Penal Code (Sections 354, 363, 356 IPC added later on) at Police Station City Fazilka, District Fazilka (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of affidavit dated 06.05.2019 (Annexure P-2). Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 12.09.2022 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 03.12.2022 has been received from the Chief Judicial Magistrate, Fazilka, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. PARUL 2023.03.24 15:04 I attest to the accuracy and authenticity of this document

-22023:PHHC:043367 CRM-M-21632-2019 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. 21 dated 29.03.2019, registered under Sections 341, 354-D, 506 and 34 of Indian Penal Code (Sections 354, 363, 356 IPC added later on) at Police Station City Fazilka, District Fazilka (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed qua the petitioner, subject to payment of cost of Rs. 5,000/- to be deposited by the petitioner and Rs. 5,000/- to be deposited by respondent No.

2 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 March 23, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.03.24 15:04 I attest to the accuracy and authenticity of this document