Naveen Kumar And Another v. State Of Haryana And Another

-1Mr. C.S. Singhal, Advocate for the petitioners. Mr. Brijesh Sharma, AAG, Haryana.

Mr. Deepak Kumar, Advocate for respondent No.2. The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 76 dated 09.10.2018, registered under Sections313, 323, 406, 498-A and 506 of Indian Penal Code at Police StationWomen Police, District Yamuna Nagar (Annexure P-1)and all consequential proceedings arising therefrom, on the basis of compromise dated 08.06.2022 (Annexure P-2).

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 29.09.2022 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 15.10.2022 has been received from Judicial Magistrate 1st Class, Jagadhri, stating that the

-2compromise 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.

, are hereby quashed qua the petitioners, subject to payment of cost of Rs.10,000/- each to be deposited within two months from today

-3However, this order shall have no bearing on the pendency of FIR No. 337 of 2017 under Section 376(2)(N) of IPC, registered at Police Station Sector 51, Gurugram, in which petitioner No.1 is already in custody.