IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of decision: 16.7.2019
Virender and others
State of Haryana and another
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
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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
July 16, 2019 (RAJ SHEKHAR ATTRI)
Paritosh Kumar JUDGE
Whether speaking/reasoned : yes/no
Whether reportable : yes/no
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