Punjab-Haryana High Court
Paresh Marwah And Another vs State Of Haryana And Another on 15 January, 2019
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-50179-2018
Date of decision: 15.1.2019
Paresh Marwah and another
...Petitioner(s)
VERSUS
State of Haryana and another
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI
Present: Mr. Aditya Sanghi, Advocate,
for the petitioner(s).
Mr. Ashok Muthreja, DAG, Haryana
Ms. Radhika Sharma, Advocate,
for respondent No.2.
*****
RAJ SHEKHAR ATTRI, J.
By invoking Section 482 Cr.P.C., the petitioner(s) has prayed for quashing of FIR No. 823 dated 24.08.2018 for offence punishable under Sections 312, 323, 34, 365, 377, 379-A, 406, 420, 498-A, 504, 506, 120-B of the Indian Penal Code registered at Police Station Model Town, Panipat, District Panipat and proceedings emanating therefrom on the basis of compromise (Annexures P-2) arrived at between the parties.
In the present case, the FIR was registered on the statement of Pragati wife of Paresh Marwah. Now, dispute between the parties has been resolved by way of compromise Annexures P-2.
Vide order dated 15.11.2018, the parties were directed to appear before the trial Court to get their statements recorded with regard to genuineness of compromise.
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Counsel for the State and respondent No. 2 have not disputed that the parties i.e. petitioner 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, FIR No. 823 dated 24.08.2018 for offence punishable under Sections 312, 323, 34, 365, 377, 379-A, 406, 420, 498-A, 504, 506, 120-B of the Indian Penal Code registered at Police Station Model Town, Panipat, District Panipat and proceedings emanating therefrom stand quashed qua the petitioner(s).
January 15, 2019 (RAJ SHEKHAR ATTRI)
Paritosh Kumar JUDGE
Whether speaking/reasoned : yes/no
Whether reportable : yes/no
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