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George William vs State Of Haryana And Anr on 11 January, 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-25021-2018

Date of decision: 11.1.2019

George William

…Petitioner(s)

VERSUS

State of Haryana and another

…Respondent(s)

CORAM: HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI

Present: Mr. Nipun Vashist , Advocate,
for the petitioner(s).

Mr. A.S.Yadav, DAG, Haryana

*****
RAJ SHEKHAR ATTRI, J.

By invoking Section 482 Cr.P.C., the petitioner(s) has prayed

for quashing of FIR No.0239 dated 27.4.2016 for offence punishable under

Sections 406, 498A of the Indian Penal Code registered at Police Station

Sarai Khawaja, District Faridabad and proceedings emanating therefrom on

the basis of compromise (Annexures P-2) arrived at between the parties.

In the present case, the FIR was registered on the statement of

Jennifer Parker wife of George William. Now, dispute between the parties

has been resolved by way of compromise Annexures P-2.

Vide order dated 7.8.2018, 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 the Additional

Chief Judicial Magistrate, Faridabad wherein it has been reported that

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CRM-M-25021-2018 2

statements of the parties have been recorded and they have voluntarily

compromised the matter without any pressure or coercion.

Counsel for the State has not disputed that the parties i.e.

petitioner and respondent No.2 (complainant) 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

Gian 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. 0239

dated 27.4.2016 under Sections 406, 498A IPC registered at Police Station

Sarai Khawaja, District Faridabad and proceedings emanating therefrom

stand quashed qua the petitioner(s).

January 11, 2019 (RAJ SHEKHAR ATTRI)
Paritosh Kumar JUDGE

Whether speaking/reasoned : yes/no
Whether reportable : yes/no

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