SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Virender And Ors vs State Of Haryana And Another on 16 July, 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-7903-2019

Date of decision: 16.7.2019

Virender and others

…Petitioner(s)

VERSUS

State of Haryana and another

…Respondent(s)

CORAM: HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI

Present: Mr. Anshuman Dalal, Advocate,
for the petitioner(s).

Mr. Pradeep Prakash Chahar, DAG, Haryana.

Mr. Kuldeep Chaudhary, Advocate,
for respondent No.2.
*****
RAJ SHEKHAR ATTRI, J.

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

for quashing of FIR No. 94 dated 2.9.2016 for offence punishable under

Sections 406, Section498A of the Indian Penal Code registered at Police Station

Women Jhajjar, District Jhajjar 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

Rena daughter of late Shri Jai Parkash. Now, dispute between the parties has

been resolved by way of compromise Annexures P-2.

Vide order dated 21.2.2019 and 24.4.2019, 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 Judicial

Magistrate, 1st Class, Jhajjar wherein it has been reported that statements of
1 of 2
22-07-2019 02:08:52 :::
CRM-M-7903-2019 2

the parties have been recorded and they have voluntarily compromised the

matter without any pressure or coercion.

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

‘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. No.

94 dated 2.9.2016 for offence punishable under Sections 406, Section498A of the

Indian Penal Code registered at Police Station Women Jhajjar, District

Jhajjar and proceedings emanating therefrom stand quashed qua the

petitioner(s).

July 16, 2019 (RAJ SHEKHAR ATTRI)
Paritosh Kumar JUDGE

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

2 of 2
22-07-2019 02:08:53 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation