Mahesh Sharma v. State Of Punjab And Another

-1CRM-M-26725-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (283/1) CRM-M-26725-2022 Date of Decision:-February 14, 2023 Mahesh Sharma ......Petitioner

Versus

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

Present:

Mr. Mohit Garg, Advocate for the petitioner.

Mr. Arun Gupta, AAG, Punjab.

Mr. Ankur Jain, 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. 46 dated 05.03.2022, registered under Sections 406, 498-A and 377 of Indian Penal Code at Police Station Kharar, District SAS Nagar (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 04.06.2022 (Annexure P-2).

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 04.07.2022 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 19.09.2022 has been received from the Judicial Magistrate 1st Class, Kharar, 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. PARUL 2023.02.20 10:28 I attest to the accuracy and authenticity of this document

-2CRM-M-26725-2022 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. 46 dated 05.03.

2022, registered under Sections 406, 498-A and 377 of Indian Penal Code at Police Station Kharar, District SAS Nagar (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed qua the petitioner, subject to payment of cost of Rs. 10,000/- to be deposited by the petitioner and Rs. 10,000/- 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 February 14, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.02.20 10:28 I attest to the accuracy and authenticity of this document