Vikrant Singh Yadav And Others v. State Of Haryana And Another

-1CRM-M-44599-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (279) CRM-M-44599-2022 Date of Decision:-February 06, 2023 Vikrant Singh Yadav and others ......Petitioners

Versus

State of Haryana and Another ......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Nitish Yadav, Advocate for the petitioners. Mr. Brijesh Sharma, AAG, Haryana.

Mr. Ankur Sheoran, Advocate for Mr. Vikram Narwal, 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. 67 dated 25.06.2021, registered under Sections 323, 354, 34 and 498-A of Indian Penal Code (Section 354 IPC is removed and Section 406 IPC added later on) at Police Station Women West Gurugram, (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 26.08.2022 (Annexure P-2). Learned counsel for the petitioners has submitted that in pursuance to the compromise, the paries have been granted a decree of divorce by mutual consent vide order dated 17.01.2023. Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 12.10.

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 13.12.2022 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.

-2CRM-M-44599-2022 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. FIR No. 67 dated 25.06.2021, registered under Sections 323, 354, 34 and 498-A of Indian Penal Code (Section 354 IPC is removed and Section 406 IPC added later on) at Police Station Women West Gurugram, (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed qua the petitioners, subject to payment of cost of Rs. 10,000/- each to be deposited by the petitioners and Rs.15,000/- to be deposited by the 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 06, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.02.08 10:48 I attest to the accuracy and authenticity of this document