Balkar Singh v. State Of Punjab And Others

-12024:PHHC:016322 CRM-M-60448-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (280) CRM-M-60448-2023 Date of Decision:-February 06, 2024 Balkar Singh ......Petitioner

Versus

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

Present:

Ms. Ramandeep Kaur, Advocate for Mr. Varinder Basa, Advocate for the petitioner. Mr. P.S. Grewal, DAG, Punjab.

Ms. Suman Kumari, Advocate for Mr. Yaseen Sethi, Advocate for respondents No. 2 & 3. **** ALOK JAIN, J. (Oral) 1.

The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 140 dated 20.11.2021, registered under Sections 420 and 406 of Indian Penal Code at Police Station Sadar Batala, District Batala (Annexure P-1) and all consequential proceedings arising therefrom, on the basis of compromise dated 01.11.2023 (Annexure P-2). 2.

Keeping in view the fact that the parties entered into a compromise, this Court vide order dated 01.12.2023 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 13.12.2023 has been received from the Judicial Magistrate 1st Class, Batala, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence. PARUL 2024.02.08 18:28 I attest to the accuracy and authenticity of this document

-22024:PHHC:016322 CRM-M-60448-2023 3.

Learned State Counsel and learned counsel appearing on behalf of respondents No.2 & 3 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 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. 5.

Consequently, this petition is allowed. FIR No. 140 dated 20.11.2021, registered under Sections 420 and 406 of Indian Penal Code at Police Station Sadar Batala, District Batala (Annexure P-1) and all consequential proceedings arising therefrom, are hereby quashed qua the petitioner, subject to payment of cost of Rs. 15,000/- each to be deposited by the petitioner and Rs. 25,000/- to be deposited by respondents No.2 & 3 jointly within one month from today in Poor Patients Welfare Fund, PGIMER, Chandigarh.

(ALOK JAIN) JUDGE February 06, 2024 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2024.02.08 18:28 I attest to the accuracy and authenticity of this document