Punjab-Haryana High Court
Swati Gosain And Another vs State Of Haryana And Another on 27 March, 2015
Author: Mahesh Grover
Bench: Mahesh Grover
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM No.M-3764 of 2015 (O&M)
Decided on : 27.03.2015
Swati Gosain & anr. .... Petitioner(s)
Vs.
State of Haryana and anr. .... Respondents
CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER
Present:- Mr. Dalip Kumar Tuteja, Advocate
for the petitioners.
Mr. Pawan Girdhar, Addl. AG, Haryana.
Mr. Deepak Girotra, Advocate
for respondent No.2.
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MAHESH GROVER, J.(Oral)
This is a petition under Section 482 Cr.P.C praying for quashing of FIR No.389 dated 06.08.2014 registered under Sections 420, 406, 467, 468, 471, 354, 506 & 120-B IPC at Police Station Civil Lines, Rohtak and all consequent proceedings arising therefrom on the basis of a compromise.
On 06.02.2015, this Court had directed the Trial Court to record the statement of all the affected persons and further record a finding as to whether the compromise has been effected voluntarily by the parties and a report in this regard was also called for.
That report has since been received along with copies of the statements of the affected persons which also indicates that the matter has been resolved amicably between the parties without any pressure from any quarter.
The Hon'ble Supreme Court in Gold Quest International Private Ltd. vs. State of Tamil Nadu and others, 2014(4) RCR SONIA BURA 2015.03.31 10:54 I attest to the accuracy and integrity of this document chandigarh CRM No.M-3764 of 2015 (O&M) -2- (Crl.) 206 has held that the disputes which are substantially matrimonial in nature, or the civil property disputes with criminal facets, if the parties have entered into settlement, and it has become clear that there are no chances of conviction, there is no illegality in quashing the proceedings under Section 482 Cr.PC read with Article 226 of the Constitution.
The Hon'ble Division Bench of this Court in Sube Singh & anr. vs. State of Haryana & anr., 2013(4) RCR (Crl.) 102 has held that the High Court is vested with unparallel power to quash criminal proceedings at any stage to secure the ends of justice .
Having regard to the aforesaid and the observations made by the Full Bench of this Court in Kulwinder Singh v. State of Punjab reported as 2007(3) Law Herald 2225 and of Hon'ble Supreme Court in Gian Singh Vs. St. of Punjab reported as 2012 (4) RCR (Crl.) 543, instant petition is accepted. Consequently, FIR No.389 dated 06.08.2014 registered under Sections 420, 406, 467, 468, 471, 354, 506 & 120-B IPC at Police Station Civil Lines, Rohtak and all consequent proceedings arising therefrom are hereby quashed.
27.03.2015 (Mahesh Grover)
sonia Judge
SONIA BURA
2015.03.31 10:54
I attest to the accuracy and
integrity of this document
chandigarh