Prem Kumar And ANR v. State Of Haryana And Another

CRM-M-61737-2024 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (254) CRM-M-61737-2024 Date of Decision:- 05.08.2025 Prem Kumar and another ......Petitioners

Versus

State of Haryana and another ......Respondents

CORAM:

HON'BLE MR. JUSTICE ALOK JAIN

Present:

Ms. Indu Bala, Advocate for Mr. Suresh Kumar Dhiman, Advocate for the petitioners. Ms. Akshita Chauhan, DAG, Haryana.

Ms. Amarjit Kaur, Advocate for Ms. Rajni, Advocate for respondent No. 2.

**** ALOK JAIN, J. (Oral) 1.

The instant petition has been filed seeking quashing of FIR No.0729 dated 23.08.2023 under Sections 323, 34, 354, 452, 506 and 498-A (added later on) of the Indian Penal Code, 1860, registered at Police Station Barwala, District Hisar, (Annexure P-1), and all other subsequent proceedings arising therefrom on the basis of compromise deed dated 20.11.2024 (Annexure P-2).

2.

Keeping in view the fact that the parties entered into a compromise, a Co-ordinate Bench of this Court vide order dated 11.12.2024 directed the parties to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard. Pursuant thereto, a report dated 03.01.2025 has been received from the Civil-Judge Junior Division-cum-Judicial Magistrate 1st Class, Hisar, 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 for respondent No. 2 admit the factum of compromise and submit that they have no objection to quashing of the FIR on that basis.

PARUL 2025.08.12 13:09 I attest to the accuracy and authenticity of this document

CRM-M-61737-2024 2 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.0729 dated 23.08.2023 under Sections 323, 34, 354, 452, 506 and 498-A (added later on) of the Indian Penal Code, 1860, registered at Police Station Barwala, District Hisar, (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 petitioner No. 1 as well as Rs. 10,000/- to be deposited by petitioner No. 2 and respondent No.2 jointly within one month from today in Sadhna Society for the Mentally Handicapped, Near Housing Board Chowk, Raen Basera Building, Manimajra, Sector 13, Chandigarh.

(ALOK JAIN) JUDGE August 05, 2025 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2025.08.12 13:09 I attest to the accuracy and authenticity of this document