Sanehpal Singh v. State Of Punjab And Another

2024:PHHC:040528 CRM-M-61729-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-61729-2023 Date of Decision:-20.03.2024 Sanehpal Singh ......Petitioner

Versus

State of Punjab and Os.

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

Present:

Mr. Ashish Nagar, Advocate for the petitioner. Mr. Rajinder Singh Bhatta, DAG, Punjab.

Mr. G.S. Sandhu, 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.43 dated 20.04.2009, under Sections 323, 324, 148, 149 of IPC, registered at Police Station Rahon, District SBS Nagar(Nawanshahr) and subsequent proceeding arising therefrom on the basis of compromise dated 01.09.2023 (Annexure P-2). 2.

At the outset, learned State counsel has submitted that there are four accused in the present petition and, in fact, two of them have been acquitted and one of the accused has already undergone the sentence, therefore the present petition on behalf of the present petitioner is maintainable.

3.

Keeping in view the fact that the parties entered into a settlement, this Court vide orders dated 11.12.2023 and 30.01.2024, directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 17.02.2024 has been received from Additional Chief Judicial Magistrate, Shaheed Bhagat Singh Nagar, stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue influence.

Manju 2024.03.23 10:02 I attest to the accuracy and integrity of this document

2024:PHHC:040528 CRM-M-61729-2023 4.

Learned State counsel and learned counsel appearing on behalf of respondent No.2 admit the factum of compromise and submit that they have no objection in 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 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.

6.

Consequently, this petition is allowed. FIR No.43 dated 20.04.2009, under Sections 323, 324, 148, 149 of IPC, registered at Police Station Rahon, District SBS Nagar(Nawanshahr) and subsequent proceeding arising therefrom, are hereby quashed qua the petitioner subject to costs of Rs.5,000/- to be paid by the petitioner and Rs.5,000/- to be paid by respondents No.2 and 3 within a period of two weeks from today in the account of the Poor Patients Welfare Fund, PGIMER, Chandigarh. (ALOK JAIN) JUDGE 20.03.2024 manju Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No Manju 2024.03.23 10:02 I attest to the accuracy and integrity of this document