Mohd Ilyas v. State Of Punjab And ANR.

2023:PHHC:050682

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-50146-2018 Date of Decision:-April 12, 2023 Mohd Ilyas ......Petitioner

Versus

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

Present:

Mr. Rishav Jain, Advocate for the petitioner. Mr. Pankaj Khullar, AAG, Punjab.

Mr. Lalit Goyal, 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. 88 dated 28.07.2018, registered under Sections 406 and 498-A of Indian Penal Code at Police Station City-II, Malerkotla, District Sangrur (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 25.10.2018 (Annexure P-2).

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 29.10.2022 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 23.12.2022 has been received from the Sub Divisional Judicial Magistrate, Malerkotla, 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 for respondent No.2-complainant admit the factum of compromise and submit that they have no objection to quashing of the FIR on that basis. PARUL 2023.04.13 18:40 I attest to the accuracy and authenticity of this document

-22023:PHHC:050682 CRM-M-50146-2018 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. 88 dated 28.07.2018, registered under Sections 406 and 498-A of Indian Penal Code at Police Station City-II, Malerkotla, District Sangrur (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 two months 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 April 12, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.04.13 18:40 I attest to the accuracy and authenticity of this document