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2020 0 CrLJ 2240 ; 2020 0 Supreme(J&K) 225
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Sindhu Sharma, J.
M/s Pardeep Motors Hire Purchase Corporation & anr. – Petitioners
Versus
Jagdish Raj & anr. – Respondents
CRM(M) No. 636 of 2019 CM Nos. 1469 & 1470 of 2019
Decided On : 04-02-2020

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Criminal Procedure Code1973 - Section 561-A – FIR – Quash - Petition that petitioners had agreed to purchase vehicle from respondents for which was given by way of advance payment - Respondents issued receipt of same - It appears that some dispute arose between parties resultantly an application Section was filed for registering FIR - After considering application Sub Judge Judicial Magistrate Jammu vide his order directed SHO Police Station Now bad to register FIR law and investigate matter - In pursuance to this direction Section been registered in Police Station Now bad Jammu and investigation has been proceeded –Held, Parties have appeared in person and to ascertain contents compromise their statements have also been recorded - They submit that they have settled their dispute amicably out of their own free will and without any external pressure or coercion - Complainant submits that he has no objection if FIR lodged by him along with consequential proceedings in case titled Jadish Raj Motors Hire Purchase Corporation - Pending before Court of learned Sub Judge Judicial Magistrate Jammu are quashed power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder rape dacoit etc - Such offences are not private in nature and have serious impact on society - Similarly for offences alleged to have been committed special statute like Prevention of Corruption Act or offences committed by Public Servants while working in that capacity are not to be quashed merely on basis of compromise between victim and offender other those criminal cases having overwhelmingly and pre dominantly civil character particularly those arising out of commercial transactions or arising out matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves present case also offence alleged against petitioners does not fall within offences of heinous nature mental depravity like murder rape dacoit as such keeping in view nature of allegations and considering fact that they have settled matter and decided to live in peace and harmony and complainant having specifically agreed that he has no objection if FIR as stated above is quashed – Petition allowed

Catch Words :

Cases Referred:
Jagdish Raj vs M/s Pardeep Motors Hire Purchase Corporation & anr. - Referred By
Narinder Singh & ors. versus State of Punjab & ors., (2014) 6 SCC 466 - Referred By

Advocate Appeared :
For the Petitioner : Mr. Anil Sethi, Advocate
For the Respondent : Jagdish Raj, Mr. Amit Gupta AAG

Pardeep Motors Hire Purchase Corporation VS Jagdish Raj

ORDER :

1. The petitioner has invoked the jurisdiction of this Court under section 561-A Cr.P.C. for quashing complaint and order dated 25.10.2019 passed by the learned Sub-Judge (Judicial Magistrate), Jammu.

2. Briefly stated the facts in this petition that the petitioners had agreed to purchase the vehicle from the respondents for which Rs.5,00,000/- was given by way of advance payment. Respondents issued receipt of the same. It appears that some dispute arose between the parties, resultantly an application under Section 156(3) Cr.P.C. was filed for registering the FIR. After considering the application, learned Sub-Judge (Judicial Magistrate), Jammu, vide his order dated 25.10.2019 directed SHO Police Station Nowabad to register an FIR under law and investigate the matter. In pursuance to this direction, FIR No. 158/2019 under Section 341/383 IPC has been registered in the Police Station Nowabad Jammu and investigation has been proceeded.

3. It is submitted that the parties have settled their dispute amicably and have entered into a compromise and in terms of the Compromise Deed does not want to proceed further.

4. Parties have appeared in person and to ascertain the contents of compromise, their statements have also been recorded. They submit that they have settled their dispute amicably out of their own free will and without any external pressure or coercion. Complainant submits that he has no objection if the FIR lodged by him along with consequential proceedings in the case titled Jagdish Raj vs M/s Pardeep Motors Hire Purchase Corporation & anr. pending before the Court of learned Sub-Judge (Judicial Magistrate), Jammu, are quashed.

5. Similar issue was considered by the Hon’ble Apex Court in Narinder Singh & ors. versus State of Punjab & ors., (2014) 6 SCC 466, vide which the guidelines were framed for accepting the settlement fo

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