Punjab-Haryana High Court
Amarpreet And Ors vs State Of Punjab And Anr on 16 July, 2018
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No.M-12549 of 2018 (O&M)
Date of decision : 16.07.2018
Amarpreet and others
... Petitioners
Versus
State of Punjab and another
... Respondents
CORAM: HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI
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Present: Mr. R.S.Dhillon, Advocate
for the petitioners.
Mr. Saurav Khurana, DAG, Punjab.
Mr. A.P.Kaushal, Advocate
for respondent No.2.
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RAJ SHEKHAR ATTRI, J.(Oral)
By invoking Section 482 Cr.P.C., the petitioners have prayed for quashing of General Diary No.23 dated 14.03.2017, registered under Sections 323, 324, 506, 148, 149 IPC at Police Station Mehtiana, District Hoshiarpur in FIR No.18 dated 13.03.2017, registered under Sections 323, 324, 506, 148, 452, 149 IPC (Section 452 IPC added later) at Polilce Station Mehtiana, District Hoshiarpur and proceedings emanating therefrom on the basis of compromise (Annexure P-2) arrived at between the parties.
In the present case, the general dairy was registered on the statement of Manpreet son of Sarup Chand. Now, dispute between the parties has been resolved by way of compromise Annexures P-2.
Vide order dated 26.03.2018, the parties were directed to appear before the trial Court to get their statements recorded with regard to 1 of 2 ::: Downloaded on - 22-07-2018 00:51:56 ::: Criminal Misc. No.M-12549 of 2018 (O&M) -2- genuineness of compromise.
Pursuant thereto, a report has been submitted by the Judicial Magistrate, 1st Class, Hoshiarpur wherein it has been reported that statements of the parties have been recorded and they have voluntarily compromised the matter.
Counsel for the State and respondent No. 2 have not disputed that the parties i.e. petitioners 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, General Diary No.23 dated 14.03.2017, registered under Sections 323, 324, 506, 148, 149 IPC at Police Station Mehtiana, District Hoshiarpur in FIR No.18 dated 13.03.2017, registered under Sections 323, 324, 506, 148, 452, 149 IPC (Section 452 IPC added later) at Polilce Station Mehtiana, District Hoshiarpur and proceedings emanating therefrom stand quashed qua the petitioners.
( RAJ SHEKHAR ATTRI) 16.07.2018 JUDGE mamta-M 2 of 2 ::: Downloaded on - 22-07-2018 00:51:57 :::