Punjab-Haryana High Court
Jasbir Singh @ Jassi vs State Of Haryana And Another on 26 July, 2013
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
CRM No.M-22165 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No.M-22165 of 2013
Date of decision : 26.07.2013
Jasbir Singh @ Jassi
...Petitioner
Versus
State of Haryana and another
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Sukhvinder Singh Nara, Advocate,
for the petitioner.
Mr. Deepak Jindal, DAG, Haryana.
Mr. Sanjay Panghal, Advocate,
for respondent No.2.
JITENDRA CHAUHAN, J. (Oral)
This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of FIR No.40 dated 10.03.2012, registered under Sections 323, 377, 506 of the Indian Penal Code (for short 'the IPC'), and Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the SC/ST Act'), at Police Station Sadhora, District Yamunanagar, and all consequential proceedings arising therefrom, on the basis of compromise arrived at between the parties. Sethi Atul 2013.08.14 18:57 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-22165 of 2013 -2- Heard.
The complainant, Joginder Singh, duly identified by his learned counsel, is present in the Court. Statement of the complainant has been recorded in the Court. He has also tendered his affidavit, Mark 'A', admitting the factum of compromise, arrived at between the parties. He has also acknowledged receipt of Rs.5.00 lacs, as compensation from the petitioner.
The petitioner as well as the victim are major, rather the age of the victim is on the higher side. The compromise has already been effected between the parties. This Court, to satisfy its conscience, has also confronted the complainant to ensure that the compromise is not under pressure or coercion.
After hearing the complainant in person, this Court is satisfied that to secure the ends of justice and to prevent abuse of the process, the present FIR deserves to be quashed.
As regards the FIR under the SC/ST Act, from the perusal of the FIR, it is made out that there is no allegation against the petitioner that he either abused or used derogatory words in the name of the caste of respondent No.2. The respondent No.2, just happens to be a member of the Scheduled Caste, in the circumstance, keeping in view the facts on record, this Court feels that no purpose would be served in keeping the proceedings alive on this account as well.
Accordingly, the present petition is allowed; FIR No.40 Sethi Atul 2013.08.14 18:57 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-22165 of 2013 -3- dated 10.03.2012, registered under Sections 323, 377, 506 IPC, and Section 3 of the SC/ST Act, at Police Station Sadhora, District Yamunanagar; and all consequential proceedings arising therefrom; are hereby quashed qua the present petitioner.
26.07.2013 (JITENDRA CHAUHAN) atulsethi JUDGE Sethi Atul 2013.08.14 18:57 I attest to the accuracy and integrity of this document Chandigarh