Davinder Singh @ Happy And Others v. State Of Punjab And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-47335-2023 Date of Decision:-November 22, 2023 Davinder Singh @ Happy and others ......Petitioners

Versus

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

Present:

Mr. Sandeep Kumar, Advocate for the petitioners.

Mr. Kamalpreet Bawa, AAG, Punjab.

Mr. Sahil Nain, Advocate for Mr. Rishi Pal Chaudhary, Advocate for respondents No.2 to 6.

**** ALOK JAIN, J. (Oral) 1.

The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 0120 dated 30.07.2023, registered under Sections 452, 323, 341, 506, 148, 149 of Indian Penal Code (Section 326 IPC added later on) at Police Station, Division 2, District Police Commissionerate Ludhiana (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 08.09.2023 (Annexure P-2).

2.

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 20.09.2023 directed the parties to

-2appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 04.11.2023 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. 3.

Learned State Counsel and learned counsel appearing on behalf of respondents No. 2 to 6 admit the factum of compromise and submit that they have no objection to quashing of the FIR on that basis. 4.

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. 5.

Consequently, this petition is allowed. FIR No. 0120 dated 30.07.2023, registered under Sections 452, 323, 341, 506, 148, 149 of Indian Penal Code (Section 326 IPC added later on) at Police Station, Division 2, District Police Commissionerate Ludhiana (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed qua the petitioners, subject to payment of cost of Rs. 10,000/- to be deposited by

-3the petitioners jointly and Rs. 10,000/- to be deposited by respondents No.2 to 6 jointly within one month from today in the following account:- Account Name - Punjab and Haryana High Court Bar Clerks Association Chandigarh.

Account No. - 65004775776 IFSC Code - SBIN0050306 Bank Name - SBI High Court Branch.

(ALOK JAIN) JUDGE November 22, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No