The High Court
Case Details
CRM-M-28639 28639-2024 (O&M) - -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH (228) KOMAL RAJ SINGH KOMAL RAJ SINGH CRM-M-28639-2024 (O&M) .08.2025 Date of Decision:- 06.08.2025 ……petitioner ……petitioner Versus STATE OF PUNJAB AND ANOTHER STATE OF CORAM:
Legal Reasoning
ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN **** ……Respondents ……Respondents Present: Ms. Renu Arora, Advocate for the petitioner , Advocate for the petitioner(through VC). Mr. Sahil Choudhary, AAG, Punjab. Mr. Sahil Choudhary, AAG, Punjab. Mr. Chander Shekhar Sharma, Advocate for respondent No.2. Mr. Chander Shekhar Sharma, Advocate for respondent No.2. Baljeet Nain, Advocate. (through VC) and Mr. Baljeet Nain, Advocate. ALOK JAIN, J. (Oral) ALOK JAIN, J. (Oral) **** 1. The instant petition has been filed under Section 482 Cr.P.C. The instant petition has been filed under Section 482 Cr.P.C. The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.95 dated 14.10.2022 seeking quashing of 14.10.2022, under Sections 406, 498- - A of IPC, registered at Police Station registered at Police Station Women Police Station, Jalandhar Women Police Station, Jalandhar and subsequent proceeding arising therefrom on the basis of compromise and subsequent proceeding arising therefrom on the basis of compromise and subsequent proceeding arising therefrom on the basis of compromise and subsequent proceeding arising therefrom on the basis of compromise dated 24.04.2024 24.04.2024 (Annexure P-2) 2. ties entered into a Keeping in view the fact that the parties entered into a Keeping in view the fact that the par settlement, the coordinate Bench of this Court vide order dated settlement, the coordinate Bench of this 08.07.2024 Court vide order dated 08.07.2024 MANJU 2025.08.06 17:23 I attest to the accuracy and integrity of this document rected the parties to appear before the Illaqa Magistrate/trial Court for directed the parties to appear before the Illaqa Magistrate/trial Court for rected the parties to appear before the Illaqa Magistrate/trial Court for rected the parties to appear before the Illaqa Magistrate/trial Court for CRM-M-28639 28639-2024 (O&M) - -2- getting their statements recorded in that regard. Pursuant thereto, a report getting their statements recorded in that regard. Pursuant thereto, a report getting their statements recorded in that regard. Pursuant thereto, a report getting their statements recorded in that regard. Pursuant thereto, a report dated 19.09.2024 19.09.2024 has been received from has been received from Judicial Magistrate 1st Class, Class, Jalandhar stating that the compromise arrived at between the parties is stating that the compromise arrived at between the parties is stating that the compromise arrived at between the parties is voluntary and the same is without any pressure, coercion or undue voluntary and the same is without any pressure, coercion or undue voluntary and the same is without any pressure, coercion or undue voluntary and the same is without any pressure, coercion or undue influence. 3. Learned State counsel and learned counsel appearing on behalf Learned State counsel and learned counsel appearing on behalf Learned State counsel and learned counsel appearing on behalf of respondent No.2 admit the factum of compromise of respondent No.2 they admit the factum of compromise and submit that they have no objection quashing of the FIR on that basis. no objection in quashing of the FIR on that basis. 4. Perusal of the aforesaid report establishes that the parties have Perusal of the aforesaid report establishes that the parties have Perusal of the aforesaid report establishes that the parties have in amicably settled their dispute, and continuance of criminal proceedings in amicably settled their dispute, and continuance of criminal amicably settled their dispute, and continuance of criminal se in futility, as the chances of conviction such a situation will be an exercise in futility, as the chances of conviction se in futility, as the chances of conviction such a situation will be an exerci are bleak. The power under Section 482 Cr.P.C. can be exercised in such are bleak. The power under Section 482 Cr.P.C. can be exercised in such are bleak. The power under Section 482 Cr.P.C. can be exercised in such are bleak. The power under Section 482 Cr.P.C. can be exercised in such Gian Singh v. matters. It has been held by Supreme Court of India in cases Gian Singh v. matters. It has been held by Supreme Court of India in cases matters. It has been held by Supreme Court of India in cases State of Punjab and another 2012(10) SCC 303 and State of Punjab and another and 2012(10) SCC 303 and Narinder Singh and 2014(6) SCC 406 that criminal cases others v. State of Punjab and another 2014(6) SCC 406 that criminal cases 2014(6) SCC 406 that criminal cases others v. State of Punjab and another having overwhelmingly civil character, particularly those arising out of having overwhelmingly civil character, particularly those arising out of having overwhelmingly civil character, particularly those arising out of having overwhelmingly civil character, particularly those arising out of commercial transactions or matrimonial relationships or family disputes, commercial transactions or matrimonial relationships or family disputes, commercial transactions or matrimonial relationships or family disputes, commercial transactions or matrimonial relationships or family disputes, should be quashed when the parties have resolved should be quashed when the parti disputes among es have resolved the disputes among themselves in a bona fide manner. themselves in a 5. Consequently, the present petition is allowed petition is allowed. FIR No.95 dated dated 14.10.2022, under , under Sections 406, 498-A of IPC, registered at Police Station Women Women Police Station, Jalandhar and subsequent proceeding arising therefrom Police Station, Jalandhar are subsequent proceeding arising therefrom, are to be paid hereby quashed qua the petitioner subject to costs of Rs.15,000/- to be paid hereby quashed qua the petitioner subject to cost hereby quashed qua the petitioner subject to cost MANJU 2025.08.06 17:23 I attest to the accuracy and integrity of this document CRM-M-28639 28639-2024 (O&M) -3- - by the petitioner petitioner and Rs.15,000/- to be paid within a to be paid by respondent No.2 within a period of two weeks in the following account : two weeks from today in the following account : ciety for the Care of Blind, Sector 26, Chandigarh Society for the Care of Blind, Sector 26, Chandigarh Account no. 10506615304, IFSC Code:- SBIN0003246, Account no. 10506615304, IFSC Code: MICR Code:- 160002014 Name of the Bank:- State Bank of India, State Bank of India, 2793958, 2791154 Phone no. 9815507317, 9417579962, 0172-2793958, 2791154 Phone no. 9815507317, 9417579962, 0172 [email protected] Email ID:- [email protected] , 2025 August 06, 2025 manju Whether speaking/reasoned: Whether speaking/reasoned:- Whether Reportable:- Whether Reportable: Yes/No Yes/No (ALOK JAIN) JUDGE MANJU 2025.08.06 17:23 I attest to the accuracy and integrity of this document