Amandeep Singh Jammu v. State Of Punjab And Another

-12024:PHHC:018006 CRM-M-51307-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (279) CRM-M-51307-2023 Date of Decision:-February 08, 2024 Amandeep Singh Jammu ......Petitioner

Versus

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

Present:

Mr. Ramesh Sharma, Advocate for the petitioner. Mr. P.S. Grewal, DAG, Punjab.

Mr. Balbir Singh Jaswal, Advocate for respondent No. 2. **** ALOK JAIN, J. (Oral) 1.

The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 10 dated 13.02.2020, registered under Section 420 of Indian Penal Code at Police Station City Nakodar, District Jalandhar Rural (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 30.05.2023 (Annexure P-2). 2.

At the outset, learned counsel for the petitioner has handed over a copy of receipt dated 28.11.2023, whereby, cost of Rs. 5,000/- imposed on the petitioner vide order dated 23.11.2023s has been deposited, which is taken on record, subject to all just exceptions. 3.

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 10.10.2023 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 02.02.2024 has been received from the Sub-Divisional Judicial Magistrate, Nakodar, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. PARUL 2024.02.13 15:16 I attest to the accuracy and authenticity of this document

-22024:PHHC:018006 CRM-M-51307-2023 4.

Learned State Counsel and learned counsel for respondent No.2 admit the factum of compromise and submit that they have no objection to quashing of the FIR on that basis. 5.

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 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. 6.

Consequently, this petition is allowed. FIR No. 10 dated 13.02.2020, registered under Sections 420 of Indian Penal Code at Police Station City Nakodar, District Jalandhar Rural (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 Poor Patients Welfare Fund, PGIMER, Chandigarh. (ALOK JAIN) JUDGE February 08, 2024 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2024.02.13 15:16 I attest to the accuracy and authenticity of this document