Kavesh v. State Of Haryana And Another

-1- , Advocate for Mr. Manish Soni, Advocate for the petitioner. The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 134 dated 23.05.2017, registered under Sections 323, 34, 354(A)(1), 377, 406, 498-A and 506 of Indian Penal Code at Women Police Station Gurugram, District Gurugram (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 03.03.2022 (Annexure P-4).

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 06.07.2022 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 14.09.2022 has been received from the Judicial Magistrate 1st Class, Gurugram, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. PARUL 2023.02.02 13:12 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

-2Learned 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 , are hereby quashed qua the petitioner, subject to payment of cost of 25,000/- to be deposited by the petitioner and 25,000/- to be deposited by the respondent No. 2 within two months from today PARUL 2023.02.