Shelly Khan And ORS v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ***** CRM-M No.35653 of 2022 Date of Decision : 12.1.2023 Shelly Khan and others ..... Petitioners versus State of Punjab and another ..... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. Rishav Jain, Advocate, for the petitioners Mr. Harpreet Singh, Addl. AG, Punjab Mr. Nilesh Singh, Advocate, for respondent no.2 --- TRIBHUVAN DAHIYA J. (ORAL):

The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.27 dated 12.3.2022, under Sections 354, 354-B, 323, 34 of IPC registered at Police Station Cheema, District Sangrur (Annexure P-1) and all consequential proceedings arising therefrom, in view of the compromise deed dated 2.8.2022 (Annexure P-2 ). Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 15.9.2022 directed them to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 14.11.2022 has been received from Judicial Magistrate 1st Class, Sunam, at Annexure-A, stating that the compromise arrived at between the parties 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 ASHWANI KUMAR 2023.01.16 18:41 I attest to the accuracy and integrity of this document

CRM-M No.35653 of 2022 -2amicably settled their dispute. 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 466 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.27 dated 12.3.2022, under Sections 354, 354-B, 323, 34 of IPC registered at Police Station Cheema, District Sangrur (Annexure P-1) and all consequential proceedings arising therefrom are hereby quashed qua the petitioners. (TRIBHUVAN DAHIYA) JUDGE 12.1.2023 Ashwani Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHWANI KUMAR 2023.01.16 18:41 I attest to the accuracy and integrity of this document