The High Court
Case Details
CRM-M-59611 59611-2024 (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 (232) ANKIT SINGH AND ORS. ANKIT SINGH AND ORS. CRM-M-59611-2024 (O&M) .08.2025 Date of Decision:- 06.08.2025 s ……petitioners Versus STATE OF HARYANA AND ANOTHER STATE OF CORAM:
Legal Reasoning
ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN **** ……Respondents ……Respondents Present: Mr. Vinod Pundir, Advocate for the petitioner , Advocate for the petitioners. Ms. Akshita Chauhan, DAG, Haryana. Ms. Akshita Chauhan, DAG, Haryana Mr. Jyotika Behl, Advocate for respondent No.2. Mr. Jyotika Behl, Advocate for respondent No.2. ALOK JAIN, J. (Oral) ALOK JAIN, J. (Oral) **** 1. The instant petition has been filed under Section 482 Cr.P.C. is The instant petition has been filed for quashing of FIR No.0021 dated 26.2.2021 for quashing of FIR No. 1) under 26.2.2021 (Annexure P-1) under Sections 34, 377, 406, 498 34, 377, 406, 498-A, 506 and 509 IPC deleted A, 506 and 509 IPC (Section 377 IPC deleted and challan), registered at Police Station Women Cell, Gurugram and challan), registered at Police Station in the challan), registered at Police Station consequential proceedings arising therefrom on the basis of all the consequential proceedings arising therefrom on the basis of consequential proceedings arising therefrom on the basis of consequential proceedings arising therefrom on the basis of compromise/agreement dated 22.7.2023 (Annexure P compromise/agreement dated 2) effected between (Annexure P-2) effected between parties in the Mediation Centre. the parties in the Mediation Centre. 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 .2024 Court vide order dated 28.11.2024 MANJU 2025.08.12 10:25 I agree to specified portions of this document CRM-M-59611 59611-2024 (O&M) - -2- directed the parties to appear before the Illaqa Magistrate/trial Court for directed the parties to appear before the Illaqa Magistrate/trial Court for directed the parties to appear before the Illaqa Magistrate/trial Court for directed the parties to appear before the Illaqa Magistrate/trial Court for 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 24.12.2024 24.12.2024 has been received from eceived from Judicial Magistrate 1st Class, Class, Gurugram 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. f Learned State counsel and learned counsel appearing on behalf Learned State counsel and learned counsel appearing on behal of respondent No.2 admit the factum of compromise and submit that 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 crimin amicably settled their dispute, and continuance of crimin such a situation will be an exercise in futility, as the chances of conviction such a situation will be an exercise in futility, as the chances of conviction such a situation will be an exercise in futility, as the chances of conviction 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 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 Pun Narinder Singh 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 or family disputes, commercial transactions or matrimonial relationships or family disputes, commercial transactions or matrimonial relationships commercial transactions or matrimonial relationships disputes among should be quashed when the parties have resolved the disputes among should be quashed when the parties have resolved should be quashed when the parties have resolved themselves in a bona fide manner. themselves in a 5. Consequently, the present petition is allowed 0021 petition is allowed. FIR No.0021 dated 26.2.2021 26.2.2021 (Annexure P-1) under Sections 1) under Sections 34, 377, 406, 498-A, 506 506 and 509 IPC (Section 377 IPC deleted in the and 509 IPC challan), registered at Police deleted in the challan), registered at Police MANJU 2025.08.12 10:25 I agree to specified portions of this document CRM-M-59611 59611-2024 (O&M) - -3- Station Women Cell, Gurugram and subsequent proceeding arising Women Cell, Gurugram and subsequent proceeding arising and subsequent proceeding arising therefrom, are hereby quashed qua the petitioner of are hereby quashed qua the petitioners subject to costs of Rs.10,000/- each to be paid by the petitione - petitioner Nos.1 and 2 and Rs.15,000/- to be paid by respondent No.2 by respondent No.2 within a period of in within a period of two weeks from today in the following account : the following account : Day Care Centre for Elderly Disabled in home for Old Day Care Centre for Elderly Disabled in home for Old & Destitute People, 15, Chandigarh is being run by Chandigarh Sector-15, Chandigarh is being run by Chandigarh Scheduled Castes, Backward Classes Scheduled Castes, Backward Classes & Minorities Financial & Development Corporation. & Minorities Financial & Development Corporation. , 2025 August 06, 2025 manju Whether speaking/reasoned: Whether Reportable:- Whether Reportable: her speaking/reasoned:- Yes/No Yes/No (ALOK JAIN) JUDGE MANJU 2025.08.12 10:25 I agree to specified portions of this document