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High Court of Punjab and HaryanaCRM-M/23660/2023allowed

Sahil And Others v. State Of Haryana And Another

2024-03-14Mr. Justice Alok Jain3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 289 (3 cases) CRM-M-23660-2023 Date of Decision:-14.03.2024 Sahil and Ors.

......Petitioners

Versus

State of Haryana and Anr.

......Respondents CRM-M-29594-2023 Pankaj ......Petitioner

Versus

State of Haryana and Anr.

......Respondents Vishal ......Petitioner

Versus

State of Haryana and Anr.

......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Suresh Kumar Kaushik, Advocate for the petitioners in CRM-M-23660-2023.

Mr. Nonish Kumar, Advocate and Mr. Yamin, Advocate for the petitioner in CRM-M-29594-2023.

Mr. Sumit S. Bairagi, Advocate for the petitioner in CRM-M-29799-2023.

Mr. Anmol Malik, DAG, Haryana.

Mr. Aman Gautam, Advocate for Mr. Rahul Gautam, Advocate for respondents No.2 in CRM-M-23660-2023.

Mr. Himanshu, Advocate for respondent No.2 in CRM-M-29594-2023 and CRM-M-29799-2023. .

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

The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.489 dated 11.07.2022, under Sections 148,

149, 308, 324, 201 and 120-B of IPC, registered at Police Station Civil Lines Karnal, District Karnal and subsequent proceeding arising therefrom on the basis of compromise dated 02.05.2023 in CRM-M-236602023, compromise dated 30.05.2023 in CRM-M-29594-2023 and compromise dated 23.05.2023 in CRM-M-29799-2023, respectively. 2.

Learned counsel for the petitioners, at the outset, has submitted that there are 10 accused in the present FIR, out of which one Raman was discharged and as regards other 07 co-accused CRM-M-23660-2023 has been filed and for remaining two co-accused CRM-M-29594-2023 and CRM-M-29799-2023 have been filed.

3.

Keeping in view the fact that the parties entered into a settlement, vide orders dated 10.05.2023 and 31.01.2024 passed in these petitions, the parties were directed to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a reports dated 31.05.2023 and 06.03.2024 received in CRM-M-23660-2023, CRM-M-29594-2023 and CRM-M-29799-2023, from Additional District & Sessions Judge, Karnal and Chief Judicial Magistrate, Karnal, respectively, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence.

4.

Learned State counsel and learned counsel appearing on behalf of respondent No.2 admit the factum of compromise and submit that they have no objection in quashing of the FIR on that basis. 5.

Perusal of the aforesaid report establishes that the parties have amicably settled their dispute, and continuance of criminal proceedings in such a situation will be an exercise in futility, as the chances of 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 the disputes among themselves in a bona fide manner.

6.

Consequently, this petition is allowed. FIR No.489 dated 11.07.2022, under Sections 148, 149, 308, 324,201 and 120-B of IPC, registered at Police Station Civil Lines Karnal, District Karnal and subsequent proceeding arising therefrom, are hereby quashed qua the petitioners subject to total costs of Rs.50,000/- to be paid by the petitioners in CRM-M-23660-2023, CRM-M-29594-2023 and CRM-M-29799-202, respectively and Rs.20,000/- to be paid by respondent No.2 (CRM-M23660-2023, CRM-M-29594-2023 and CRM-M-29799-2023, respectively within a period of two weeks from today in the account of the Poor Patient's Welfare Fund, PGIMER, Chandigarh.

7.

A photocopy of this order be placed on the file of other connected cases.

(ALOK JAIN) JUDGE 14.03.2024 manju Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No