Balraj Singh Bhullar And Others v. State Of Punjab And ANR

-12024:PHHC:002832 CRM-M-57873-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (275-2) CRM-M-57873-2023 Date of Decision:-January 10, 2024 Balraj Singh Bhullar and others ......Petitioners

Versus

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

Present:

Mr. Arjun Veer Sharma, Advocate for the petitioner.

Mr. P.S. Grewal, DAG, Punjab.

Mr. Ankit Gupta, 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.137 dated 17.08.2018 under Sections 323, 341, 325, 356, 506 and 34 of the Indian Penal Code, 1860, registered at Police Station Haibowal, District Ludhiana (Annexure P-1), and all other subsequent proceedings arising therefrom on the basis of the compromise deed dated 07.10.2023. (Annexure P-2).

2.

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 23.11.2023 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 20.12.2023 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 2024.01.16 17:07 I attest to the accuracy and authenticity of this document

-22024:PHHC:002832 CRM-M-57873-2023 3.

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. 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.137 dated 17.08.2018 under Sections 323, 341, 325, 356, 506 and 34 of the Indian Penal Code, 1860, registered at Police Station Haibowal, District Ludhiana (Annexure P-1), and all other subsequent proceedings arising therefrom, are hereby quashed qua the petitioners, subject to payment of cost of Rs. 10,000/- to be deposited by the petitioners jointly and Rs. 10,000/- to be deposited by respondent No. 2 within one month from today in the following account:- Account Name - Punjab and Haryana High Court Bar Clerks Association Chandigarh.

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

(ALOK JAIN) JUDGE January 10, 2024.

Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2024.01.16 17:07 I attest to the accuracy and authenticity of this document