CRM-M No. 15902 of 2019 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
CRM-M No. 15902 of 2019
Date of decision : 27.5.2019
Davinder Singh ……..Petitioner
State of UT, Chandigarh and another …….Respondents
CORAM:- HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI
Present: Mr. R.K. Rana, Advocate, for the petitioner
Mr. Karanvir Singh, Advocate, for respondent No. 2
RAJ SHEKHAR ATTRI, J.
By invoking Section 482 Code of Criminal Procedure (in short,
“SectionCr.P.C.”), the petitioner has prayed for quashing of FIR No.553 dated
30.12.2014 for offence punishable under Section 406 and Section498A of the
Indian Penal Code (in short, “SectionIPC”) registered at Police Station City Sector
39, Chandigarh, and proceedings emanating therefrom on the basis of
compromise dated 6.3.2019 (Annexure P-2) arrived at between the parties.
In the present case, the FIR was registered on the statement of
Harjit Kaur daughter of Mahinder Singh. Now, dispute between the parties
has been resolved by way of compromise Annexures P-2.
Vide order dated 5.4.2019, the parties were directed to appear
before the trial Court to get their statements recorded with regard to
genuineness of compromise.
Pursuant thereto, a report has been submitted by Judicial
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CRM-M No. 15902 of 2019 -2-
Magistrate Ist Class, Chandigarh, wherein it has been reported that
statements of the parties have been recorded and they have voluntarily
compromised the matter without any coercion or undue influence.
Counsel for the State and respondent No. 2 have not disputed
that the parties i.e. petitioner and respondent No.2 have arrived at a
settlement with an intent to give burial to their differences.
Perusal of allegations in the FIR reveals that the present case
squarely falls in the category of cases that can be quashed by the High
Court, in exercise of its inherent power under Section 482 Cr.P.C. Keeping
in view authoritative enunciation of law laid down by Hon’ble the Supreme
Court in ‘SectionGian Singh v. State of Punjab and another’, 2012 (4) R.C.R.
(Criminal) 543 and in the light of facts and circumstances discussed
hereinbefore, this Court is of the considered opinion that continuation of
criminal proceedings would amount to abuse of process of law and it is
expedient in the interest of justice that the same are put to an end.
For the foregoing reasons, the petition is allowed, FIR No.553
dated 30.12.2014 for offence punishable under Section 406 and Section498A of the
IPC, registered at Police Station City Sector 39, Chandigarh, and
proceedings emanating therefrom stand quashed qua the petitioner.
(RAJ SHEKHAR ATTRI)
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