IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of decision: 11.1.2019
Ramesh Kumar and others
State of Punjab and another
CORAM: HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI
Present: Mr. Madan Bhandari, Advocate, for
Mr. N.K.Manchanda, Advocate,
for the petitioner(s).
Mr. Sukhbeer Singh, AAG, Punjab
Mr. M.K.Bhandari, Advocate,
for the complainant.
RAJ SHEKHAR ATTRI, J.
By invoking Section 482 Cr.P.C., the petitioner(s) has prayed
for quashing of FIR No. 10 dated 19.1.2015 for offence punishable under
Sections 406, 498-A of the Indian Penal Code registered at Police Station
Mataur, District SAS Nagar 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
Shruti daughter of Surinder Kumar Gilhotra. Now, dispute between the
parties has been resolved by way of compromise Annexures P-2.
Vide order dated 5.9.2018, the parties were directed to appear
before the trial Court to get their statements recorded with regard to
genuineness of compromise.
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Pursuant thereto, a report has been submitted by the Judicial
Magistrate, 1st Class, SAS Nagar (Mohali) wherein it has been reported that
statements of the parties have been recorded and they have voluntarily
compromised the matter without any pressure or coercion. However,
statement of petitioner No.4 has been recorded through his attorney and
father Ramesh Kumar.
Counsel for the State and respondent No. 2 have 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. 10
dated 19.1.2015 under Sections 406, 498A IPC registered at Police Station
Mataur, District SAS Nagar (Mohali) 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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