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Saddam vs State Of Haryana And Another on 27 May, 2019

CRM-M No. 16222 of 2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
256
*****

CRM-M No. 16222 of 2019
Date of decision : 27.5.2019

Saddam ……..Petitioner
Vs.
State of Haryana and another …….Respondents

CORAM:- HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI

Present: Mr. Sarfraj Hussain, Advocate, for the petitioner

Mr. Vikas Chopra, DAG, Haryana

Counsel 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.93 dated

29.11.2016, for offence punishable under Sections 323, Section377, Section498A and Section506

of the Indian Penal Code (in short, “SectionIPC”) registered at Police Station

Women, District Panipat and proceedings emanating therefrom on the basis

of compromise dated 5.1.2019 (Annexure P-2) arrived at between the

parties.

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

Sarveen wife of Saddam, d/o Mamu Deen. Now, dispute between the

parties has been resolved by way of compromise Annexure P-2.

Vide order dated 8.4.2019, the parties were directed to appear

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

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CRM-M No. 16222 of 2019 -2-

genuineness of compromise.

Pursuant thereto, a report has been submitted by Judicial

Magistrate Ist Class, Panipat, 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.93

dated 29.11.2016, for offence punishable under Sections 323, Section377, Section498A

and Section506 of the IPC, registered at Police Station Women, District Panipat and

proceedings emanating therefrom stand quashed qua the petitioner.

(RAJ SHEKHAR ATTRI)
JUDGE
27.5.2019
Ashwani

Speaking/reasoned Yes/No
Reportable Yes/No
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