Punjab-Haryana High Court
Mr. Abhimanyu Goswamy And Another vs State Of Punjab And Another on 1 August, 2014
Author: Paramjeet Singh
Bench: Paramjeet Singh
-1-
Crl. Misc. No. M-16601 of 2014
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-16601 of 2014
Date of decision: 01.08.2014
Mr. Abhimanyu Goswamy and another
....Petitioners
Versus
State of Punjab and another
....Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
1) Whether Reporters of the local papers may be allowed to see
the judgment ?
2) To be referred to the Reporters or not ?
3) Whether the judgment should be reported in the Digest ?
Present: - Ms. V.K. Sachdev, Advocate, the petitioners.
Ms. Deepa Singh, Addl. A.G., Punjab.
PARAMJEET SINGH, J. (ORAL)
This petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure, seeking quashing of case FIR No.248 dated 02.08.2013 registered under Sections 420/120-B IPC at Police Station City Ferozepur, on the basis of compromise (Annexure P-3).
On 14.05.2014 notice of motion was issued and parties were directed to appear before Chief Judicial Magistrate, Ferozepur on 26.05.2014 to record their respective statements with regard to compromise/settlement and CJM was directed to submit his/her report.
In pursuance of order dated 14.05.2014, learned Judicial Magistrate, Ferozepur, has submitted her report, which indicates that Singh Ravinder 2014.08.02 17:00 I attest to the accuracy and integrity of this document Chandigarh -2- Crl. Misc. No. M-16601 of 2014 parties appeared before her and got recorded their respective statements with regard to validity of compromise. As per the report, compromise arrived at between the parties is genuine and without any pressure or coercion from any corner. Now no dispute survives between the parties.
Consequently, in view of compromise (Annexure P-3) and keeping in view the law laid down by the Hon'ble Apex Court in the case of Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429, which has been affirmed by a Larger Bench of the Hon'ble Supreme Court in Gian Singh vs. State of Punjab and another, 2012(4) RCR (Criminal) 543, by the Full Bench judgment of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation, especially when this case does not fall within the category of exceptional cases where this Court should not exercise its inherent jurisdictional power to quash the criminal proceedings, as held in Gian Singh's case (supra). In the facts and circumstances of this case it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of the criminal proceedings would amount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and to secure the ends of justice, therefore, it is appropriate that criminal case is put to an end.
The present petition is allowed. FIR No.248 dated 02.08.2013 registered under Sections 420/120-B IPC at Police Station Singh Ravinder 2014.08.02 17:00 I attest to the accuracy and integrity of this document Chandigarh -3- Crl. Misc. No. M-16601 of 2014 City Ferozepur, along with all consequential proceedings arising out of it, on the basis of compromise (Annexure P-3), is quashed.
(Paramjeet Singh) Judge August 01, 2014 R.S. Singh Ravinder 2014.08.02 17:00 I attest to the accuracy and integrity of this document Chandigarh