In CRM-M-10222-2023-PUNJ HC- Alleged offences are pre-dominantly private in nature, says P&H HC while quashing FIR registered u/s 498A IPC
Justice Jagmohan Bansal [24-03-2023]

Read Order: AJMEET SINGH AND ORS Vs STATE OF PUNJAB AND ANOTHER

Mansimran Kaur

Chandigarh, March 25, 2023: While considering that the contesting parties had amicably resolved their issue and the alleged offences were private in nature, the Punjab and Haryana High Court has quashed the FIR registered under Sections 406 and 498A of the IPC.

The petitioners through instant petition under Section 482 Cr.P.C., on the basis of compromise were seeking quashing of FIR registered under Sections 406 and 498A of IPC. By allowing the same, Justice Jagmohan Bansal opined that the alleged offences were of predominantly private nature settlement made between the contesting parties could be accepted.

After considering the submissions, the Court noted that from the perusal of the enclosed FIR in the present case and through the report of the Trial Court and compromise arrived at between the parties, it was transpired that contesting parties had  amicably resolved their issue, thus, no useful purpose would be served by continuing the proceedings. The alleged offences were  of predominantly private nature and no moral turpitude or the interest of the public at large was involved. 

There appears to be no chance of conviction, the continuance of the proceedings would just waste valuable judicial time and it is a well-known fact that courts are already overburdened, the Court further remarked. 

Reference was also made to the judgment in Gian Singh Vs. State of Punjab and others, Ramgopal and another Vs. State of Madhya Pradesh . 

In the case of Ramgopal and another Vs. State of Madhya Pradesh, 2021 SCC online SC 834, it was held that the High Court, having regard to the nature of the offence and the fact that parties have amicably settled their dispute and the victim has willingly consented to the nullification of criminal proceedings, can quash such proceedings in exercise of its inherent powers under Section 482 Cr.P.C., even if the offences are non- compoundable.

Thus, in view of such circumstances, the Court allowed the petition.