Jagga Singh @ Jagtar Singh And Others v. State Of Punjab And Others

2024:PHHC:054307 CRM-M-54776-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-54776-2023 Date of Decision:-22.04.2024 Jagga Singh@Jagtar Singh and Ors.

......Petitioners

Versus

State of Punjab and Ors.

......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Balbir Singh Jaswal, Advocate for the petitioners. Mr. Randhir Singh Thind, DAG, Punjab.

Mr. Ankit Bhardwaj, Advocate for respondents No.2 and 3. **** ALOK JAIN, J. (Oral) 1.

The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.198 dated 16.08.2020, registered under Section 379-B (2) of IPC, registered at Police Station Lopoke, District Amritsar (Annexure P-1) and subsequent proceeding arising therefrom on the basis of compromise dated 11.09.2023 (Annexure P-2). 2.

In compliance of the order dated 05.03.2024, learned State counsel has filed short reply by way of an affidavit of Sukhjinder Pal Singh, PPS, Deputy Superintendent of Police, Sub-Divisoin Attari, Amritsar (Rural), which is taken on record.

3.

Keeping in view the fact that the parties entered into a settlement, the Coordinate Bench of this Court vide order dated 22.01.2024 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 13.02.2024 has been received from Judicial Magistrate 1st Class, Ajnala, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence.

Manju 2024.04.26 09:41 I attest to the accuracy and integrity of this document

2024:PHHC:054307 CRM-M-54776-2023 3.

Learned State counsel and learned counsel appearing on behalf of respondents No.2 and 3 admit the factum of compromise and submit that they have no objection in 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 proceedings in such a situation will be an exercise in futility, as the chances of 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 the disputes among themselves in a bona fide manner.

5.

Consequently, the present petition is allowed. FIR No.198 dated 16.08.2020, registered under Section 379-B (2) of IPC, registered at Police Station Lopoke, District Amritsar (Annexure P-1) and subsequent proceeding arising therefrom, are hereby quashed qua the petitioners subject to costs of Rs.15,000/- to be paid by each of the petitioner and Rs.10,000/- to be paid by respondents No.2 and 3 (Collectively) within a period of two weeks from today in the account of the Nishkam Sewa Group (run by Punjab and Haryana High Court Lawyers at Chandigarh).

6.

In view of the status report filed by the State detailing out the cases lodged against various petitioners, State reserves the rights to proceed in those FIRSs and the quashing of the present FIR shall not come in their way and shall not be taken as a defense by either of the parties (ALOK JAIN) JUDGE 22.04.2024 manju Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No Manju 2024.04.26 09:41 I attest to the accuracy and integrity of this document