Sanjeev Kaushal v. State Of Punjab And Another

-12023:PHHC:047957 CRM-M-46092-2022

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH 292/2 CRM-M-46092-2022 Date of Decision:-March 29, 2023 Sanjeev Kaushal ......Petitioner

Versus

State of Punjab and another ......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Ashish Aggarwal, Advocate for the petitioner. Mr. Pankaj Khullar, AAG, Punjab.

Mr. Kishan Garg, 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. 62 dated 23.02.2020, registered under Section 509 of Indian Penal Code and Section 67 of Information Technology Act, 2000 and Section 6 of the Indecent Repesentation of Women (Prohibition) Act, 1986 at Police Station Division 3, District Police Commissionerate Ludhiana City (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 09.09.2022 (Annexure P-2). Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 13.02.2023 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 28.02.

2023 has been received from the Judicial Magistrate 1st Class, Ludhiana, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. PARUL 2023.04.

-22023:PHHC:047957 CRM-M-46092-2022 Learned State Counsel and learned counsel for 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. 62 dated 23.02.2020, registered under Section 509 of Indian Penal Code and Section 67 of Information Technology Act, 2000 and Section 6 of the Indecent Repesentation of Women (Prohibition) Act, 1986 at Police Station Division 3, District Police Commissionerate Ludhiana City (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed qua the petitioner, subject to payment of cost of Rs. 10,000/- to be deposited by the petitioner and Rs.

5,000/- to be deposited by 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 March 29, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.04.10 12:37 I attest to the accuracy and authenticity of this document