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Pawan Kumar Alias Pamma And Others vs State Of Punjab And Another on 17 March, 2017

Crl. Misc. M 45579 of 2016 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
-.-
Crl. Misc. M 45579 of 2016
Date of decision: 17.03.2017

Pawan Kumar alias Pamma and others …….. Petitioners
Versus
State of Punjab and another …….Respondents

Coram: Hon’ble Mrs. Justice Rekha Mittal
-.-
Present: Mr. Bhavesh Aggarwal, Advocate for
Mr. Ashish Aggarwal, advocate
for the petitioners
Mr. Mikhail Kad, AAG, Punjab
Mr. Kuldeep Singh, Advocate
for respondent No. 2
-.-

Rekha Mittal, J.

Through the present petition filed under Section 482 of the

Code of Criminal Procedure (in short, ‘Cr.P.C.’), the petitioners have prayed

for quashing of FIR No. 74 dated 20.04.2013 for offence punishable under

Sections 498-A read with Section 120-B of the Indian Penal Code (in short,

‘IPC’) (Section 406 IPC added later) registered with Police Station Sadar

Amritsar, District Amritsar City and proceedings emanating therefrom on

the basis of compromise dated 15.12.2016 (Annexure P-2) arrived at

between the parties.

Counsel for the petitioners states that petitioner No. 1 and

respondent No. 2 have mutually decided to resolve their personal

differences and also decided to part ways vide compromise deed dated

15.12.2016.

Vide order dated 20.12.2016, the parties were directed to

appear before the trial Court to get their statements recorded with regard to

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Crl. Misc. M 45579 of 2016 2

genuineness of compromise.

Pursuant thereto, a report has been submitted by the Judicial

Magistrate, wherein it has been reported that statements of the parties have

been recorded and they have voluntarily compromised the matter.

Counsel for the State does not dispute genuineness of the

compromise in view of report of the trial Court.

Counsel for respondent No. 2 has conceded to the position.

A perusal of allegations in the FIR reveals that the present case

squarely falls in that category of cases which can be quashed by the High

Court, in exercise of its inherent power under Section 482 Cr.P.C. Keeping

in view the 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 of the

present case, 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 criminal proceedings are put to an

end.

In this view of the matter, the petition is allowed and FIR No.

74 dated 20.04.2013 for offence punishable under Sections 498-A read with

Section 120-B IPC (Section 406 IPC added later) registered with Police

Station Sadar Amritsar, District Amritsar City and proceedings emanating

therefrom on the basis of compromise dated 15.12.2016, stand quashed qua

the petitioners. The parties shall remain bound by the terms and conditions

of compromise.

                                                                   (Rekha Mittal)
                                                                       Judge
17.03.2017
mohan bimbra         Whether speaking/reasoned    :    Yes/No
                     whether reportable           :    Yes/No


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