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Ramesh Kumar And Ors vs State Of Punjab And Anr on 11 January, 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-29584-2018

Date of decision: 11.1.2019

Ramesh Kumar and others

…Petitioner(s)

VERSUS

State of Punjab and another

…Respondent(s)

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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CRM-M-29584-2018 2

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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