Vikash Kumar And Another v. State Of Punjab And Another

2024:PHHC:050377 CRM-M-62556-2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-62556-2023 Date of Decision:-15.04.2024 Vikash Kumar and Anr.

......Petitioners

Versus

State of Punjab and Anr.

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

Present:

Mr. Prashant Vashisth, Advocate for the petitioners. Mr. Rajinder Singh Bhatta, DAG, Punjab.

Mr. Vikram Satpal, 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.60 dated 29.03.2023, registered under Sections 406, 420, 120-B of IPC, registered at Police Station Sadar Ludhiana, Police Commissionerate Ludhiana and subsequent proceeding arising therefrom on the basis of compromise dated 28.11.2023 (Annexure P-2). 2.

Keeping in view the fact that the parties entered into a settlement, this Court vide order dated 19.12.2023 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 16.01.2024 has been received from 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. 3.

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 in quashing of the FIR on that basis. Manju 2024.04.18 10:23 I attest to the accuracy and integrity of this document

2024:PHHC:050377 CRM-M-62556-2023 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 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.

5.

Consequently, this petition is allowed. FIR No.60 dated 29.03.2023, registered under Sections 406, 420, 120-B of IPC, registered at Police Station Sadar Ludhiana, Police Commissionerate Ludhiana and subsequent proceeding arising therefrom, are hereby quashed qua the petitioners subject to costs of Rs.10,000/- to be paid by each of the petitioner and Rs.10,000/- to be paid by respondent No.2 within a period of two weeks from today in the account of the Poor Patients Welfare Fund, PGIMER, Chandigarh.

(ALOK JAIN) JUDGE 15.04.2024 manju Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No Manju 2024.04.18 10:23 I attest to the accuracy and integrity of this document