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Virender Singh And Another vs State Of Haryana And Another on 1 March, 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-51438-2018
Date of decision: 1.3..2019

Virender Singh and another

…Petitioner(s)

VERSUS

State of Haryana and another

…Respondent(s)

CORAM: HON’BLE MR. JUSTICE RAJ SHEKHAR ATTRI

Present: Mr. Paramjeet Phor , Advocate,
for the petitioner(s).

Mr. Pawan Garg, AAG, Haryana

Mr. Gourav Jangra, 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. 558 dated 17.7.2013 for offence punishable under

Sections 406, 498A, 506 of the Indian Penal Code registered at Police

Station Civil Lines, District Karnal 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

Aman Kumari wife of Akhil Goyat. Now, dispute between the parties has

been resolved by way of compromise Annexures P-2.

Vide order dated 21.11.2018, 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, Karnal wherein it has been reported that statements of

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CRM-M-51438-2018 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

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. 558

dated 17.7.2013 under Sections 406, 498A, 506 IPC registered at Police

Station Civil Lines, District Karnal and proceedings emanating therefrom

stand quashed qua the petitioner(s).

March 1, 2019 (RAJ SHEKHAR ATTRI)
Paritosh Kumar JUDGE

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

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