Punjab-Haryana High Court
Shiv Darshan Singh And Ors vs State Of Punjab & Ors on 1 May, 2015
Author: Paramjeet Singh
Bench: Paramjeet Singh
-1-
Crl. Misc. No. M-2093 of 2015
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-2093 of 2015
Date of decision: 01.05.2015
Shiv Darshan Singh and others
....Petitioners
Versus
State of Punjab and others
....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: - Mr. Arnav Sood, Advocate, for the petitioners.
Mr. K.S. Sidhu, DAG, 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.82 dated 21.10.2009 registered under Sections 324/323/452/506/148/149 IPC at Police Station Hariana, District Hoshiarpur, on the basis of compromise (Annexure P-2) between the parties.
On 21.02.2015 parties were directed to appear before the trial Court to get their statements recorded with regard to compromise/settlement and trial Court was directed to send the report.
In pursuance of order dated 21.02.2015, learned Judicial Magistrate Ist Class, Hoshiarpur has submitted her report, which indicates that parties appeared before her and got recorded their RAVINDER SINGH 2015.05.04 17:01 I attest to the accuracy and authenticity of this document -2- Crl. Misc. No. M-2093 of 2015 respective statements with regard to validity of compromise. As per the statements annexed with 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 the compromise and keeping in view the law laid down by the Hon'ble Supreme Court in the case of Madan Mohan Abbot v. State of Punjab, 2008(2) RCR (Criminal) 429, Gian Singh v. State of Punjab and another, 2012(4) RCR (Criminal) 543, Narinder Singh and others v. State of Punjab and another, 2014(2) RCR (Criminal) 482 and 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.82 dated 21.10.2009 registered under Sections 324/323/452/506/148/149 IPC at Police Station Hariana, District Hoshiarpur, along with all consequential proceedings arising out of it, on the basis of compromise, is quashed. RAVINDER SINGH 2015.05.04 17:01 I attest to the accuracy and authenticity of this document -3- Crl. Misc. No. M-2093 of 2015 It is, however, made clear that if the proceedings already stand concluded and conviction recorded in the present case, this order shall be treated non est and, thus, will have no bearing on the conviction and sentence order.
(Paramjeet Singh) Judge May 01, 2015 R.S. RAVINDER SINGH 2015.05.04 17:01 I attest to the accuracy and authenticity of this document