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2025 DAILYLAW 89165 (PNJ)

MUNISH CHOPRA ALIAS MINKU CHOPRA AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/47000/2024 · 2025-07-15

Tribhuvan Dahiya

body2025

Judgment text

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CRM-M-47000-2024 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.205 CRM-M-47000-2024 Date of Decision: 15.07.2025 Munish Chopra @ Minku Chopra and others .... Petitioners Versus State of Punjab and another ... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Ms. Ravisha Mahajan, Advocate, for the petitioners. Mr. Jastej Singh, Additional Advocate General, Punjab. Mr. Vikas Bali, Advocate, for respondent no.2. TRIBHUVAN DAHIYA, J. (ORAL) The petition has been filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita seeking quashing of FIR No.84 dated 06.05.2023, registered under Sections 420 and 120-B of IPC at Police Station Cantonment, District Police Commissionerate, Amritsar, Annexure P-1, and all consequential proceedings arising therefrom in view of the compromise, dated 07.05.2024, Annexure P-2, entered into between the petitioners and the complainant to settle their disputes in question. 2. As the parties entered into a compromise to resolve their disputes which led to registration of the criminal case, they were directed to appear before the Illaqa Magistrate/trial Court for getting their statements recorded in that regard, vide order dated 03.12.2024. Pursuant thereto, a report dated 15.04.2025 has been received from Civil Judge (Jr. Divn.)-cum- Judicial Magistrate 1st Class, Amritsar, at Flag 'C', stating that the compromise arrived at between the parties is without any pressure, coercion MANINDER 2025.07.18 18:29 I attest to the accuracy and authenticity of this order/judgment. CRM-M-47000-2024 2 or undue influence. There is no criminal case pending against the petitioners, nor have they been declared proclaimed person(s). 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 to quashing of the FIR on that basis. 4. It has been held by the Supreme Court of India in cases Gian Singh v. State of Punjab and another, 2012(10) SCC 303 and State of Madhya Pradesh v. Laxmi Narayan and others, (2019) 5 SCC 688, 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 by entering into a compromise.s 5. Further, reference can also be made to Full Bench judgment of this Court in Kulwinder Singh and others v. State of Punjab and another, 2007(3) R.C.R.(Criminal) 1052, holding that on the parties settling their disputes by way of a compromise, the High Court in exercise of power under Section 482 Cr.P.C. can allow the compounding of non-compoundable offences also, and quash the criminal proceedings to prevent abuse of the process of law or otherwise to secure the ends of justice. The power is not confined to matrimonial disputes alone. 6. A perusal of the allegations in the FIR as well as the aforesaid report establishes that the present case is of predominantly private nature, and falls in the category of cases that can be quashed by the High Court in exercise of its inherent jurisdiction under Section 482 Cr.P.C., as per law laid down in the aforementioned judgments. The petitioners have no criminal antecedents. The offences alleged are not heinous in nature and cannot be termed as crime against the society; nor do they show mental depravity of the petitioners. Since disputes between the parties have been amicably MANINDER 2025.07.18 18:29 I attest to the accuracy and authenticity of this order/judgment. CRM-M-47000-2024 3 resolved by way of the compromise, continuation of criminal proceedings will be an exercise in futility as chances of ultimate conviction are not there, and it will hamper their peaceful coexistence even after resolution of disputes. 7. Consequently, this petition is allowed. FIR No.84 dated 06.05.2023, registered under Sections 420 and 120-B of IPC at Police Station Cantonment District Police Commissionerate, Amritsar, and all consequential proceedings arising therefrom, are hereby quashed qua the petitioners. (TRIBHUVAN DAHIYA) JUDGE 15.07.2025 Maninder Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MANINDER 2025.07.18 18:29 I attest to the accuracy and authenticity of this order/judgment.