Rajiv Avasthi And ANR v. State Of Punjab And ANR

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  The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.0162 dated 15.07.2021, registered under Section 498-A of Indian Penal Code at Police Station City Kotkapura City, District Faridkot (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 26.08.2021 (Annexure P-2). Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 01.06.2022 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 01.09.2022 has been received from the Judicial Magistrate Ist Class, Faridkot, 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. SANDEEP SETHI 2023.02.

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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 /0 . 1 

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8$  "1 and all consequential proceedings arising therefrom, are hereby quashed qua the petitioners, subject to payment of cost of
5,000/- to be deposited by each petitioner and
 10,000/- to be deposited by respondent No.2, within one month from today    449* $

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  ( '4  <;. SANDEEP SETHI 2023.02.27 11:53 I attest to the accuracy and integrity of this Order/Judgment