Ravi Kumar v. State Of Punjab And Others
2023:PHHC:045105 Mr. Umesh Sharma, Advocate for the petitioner. Mr. Pankaj Khullar, AAG, Punjab.
Ms. Nisha Rana, Advocate for respondent No.2. The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.145 dated 26.08.2021, registered under Sections 509 of IPC and Section 66 (C) of Information and Technology Act, 2000 at Police Station Bullowal District Hoshiarpur (Annexure P-1) and subsequent proceeding arising therefrom on the basis of compromise dated 05.12.2022 (Annexure P-2).
Keeping in view the fact that the parties entered into a settlement, this Court vide order dated 06.01.2023 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 18.03.2023 has been received from Judicial Magistrate First Class, Hoshiarpur, stating that the compromise 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. MANJU 2023.04.01 12:30 I attest to the accuracy and integrity of this document
2023:PHHC:045105 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. MANJU 2023.04.01 12:30 I attest to the accuracy and integrity of this document