Sachin Garg And ORS v. State Of Punjab And Another

-1Mr. Devinder Singh Nigha, Advocate for the petitioners. Mr. Sohrab Dhanda, Advocate for Mr. Rajneesh Kumar Shelly, Advocate for respondent No.2.

The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 29 dated 30.01.2021, registered under Sections 406, 498-A and 34 of Indian Penal Code at Police Station

-2Dera Bassi, District SAS Nagar (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise statement given by respondent No.2 on 02.03.2021 (Annexure P-2). Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 02.09.2021 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 01.11.2021 has been received from Sub Divisional Judicial Magistrate, Dera Bassi, 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. 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.

-3- , are hereby quashed qua the petitioners, subject to payment of cost of 15,000/- each to be deposited by the petitioners as well as respondent No.2 within two months from today