Punjab-Haryana High Court
Arun Sharma And Another vs The State Of Haryana And Another on 21 May, 2019
C.R.M-M No.8645 of 2019 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
258
C.R.M-M No.8645 of 2019 (O&M)
Date of Decision : 21.05.2019
Arun Sharma and another ...... Petitioners
Versus
State of Haryana and another ...... Respondents
CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
***
Present : Mr. G.C. Shahpuri, Advocate
for the petitioners.
Mr. Surinder Singh, A.A.G, Haryana.
Ms. Bhavna Grewal, Advocate
for respondent No.2.
***
AJAY TEWARI, J. (ORAL)
The present petition has been filed under Section 482 Cr.P.C. for quashing of F.I.R. No.284 dated 04.12.2015 registered under Sections 323, 325, 34, 506 IPC at Police Station Bilaspur, District Yamuna Nagar and all other consequential proceedings arising therefrom on the basis of compromise effected between the parties.
On 26.02.2019, the following order was passed:-
"The present petition has been filed under Section 482 1 of 3 ::: Downloaded on - 23-06-2019 14:51:23 ::: C.R.M-M No.8645 of 2019 (O&M) -2- Cr.P.C. for quashing of F.I.R. No.284 dated 04.12.2015 registered under Sections 323, 325, 34, 506 IPC at Police Station Bilaspur, District Yamuna Nagar and all other consequential proceedings arising therefrom on the basis of compromise effected between the parties.
Notice of motion. On the asking of the Court, Mr. Himmat Singh, Deputy Advocate General, Haryana, accepts notice on behalf of the respondent No.1-State. Ms. Bhavna Grewal, Advocate has entered appearance on behalf of respondent No.2. Counsel for the petitioners undertakes to supply a copy of the petition to the learned opposite counsel during the course of the day.
To come up on 21.05.2019. Meanwhile, the parties are directed to be present before the trial Court on the date fixed which is stated to be 30.04.2019 or on any other date convenient to the Court for recording their statements with regard to compromise. The Court is directed to record the statements of both the parties to its satisfaction to know its genuineness that the statements are not the result of any pressure or coercion in any manner. The Court is further directed to send report along with the statements of the parties with regard to validity or otherwise of the compromise effected between the parties and also intimate whether any criminal case and proclamation proceedings is pending against either of the parties before the next date of hearing."
Thereafter, the report of the Sub Divisional Judicial Magistrate, Bilaspur dated 01.05.2019 has been received. In the report, he has mentioned that the aforesaid parties have appeared before him and has attested to the fact that a compromise has indeed taken place and that the compromise has been executed voluntarily and without any pressure.
The Hon'ble Supreme Court in Gian Singh v. State of Punjab 2 of 3 ::: Downloaded on - 23-06-2019 14:51:23 ::: C.R.M-M No.8645 of 2019 (O&M) -3- and another reported as 2012(4) RCR(Criminal) 543 has discussed in detail the inherent powers of High Court in quashing a criminal proceeding or FIR or complaint where the parties have entered into compromise except the cases which involve offences such as murder, rape dacoity etc. as such offences are not private in nature and have serious impact on society.
In view of the above judicial pronouncement, I am of the considered opinion that continuation of criminal proceedings between the parties would be an abuse of the process of law and the present compromise is for their benefit and will bring peace and harmony between them.
Consequently, this petition is allowed and the above said FIR alongwith all consequential proceedings arising therefrom are quashed qua petitioners.
Since the main case has been decided, the pending Criminal Misc. Application, if any, also stands disposed of.
( AJAY TEWARI )
May 21, 2019 JUDGE
ashish
Whether speaking/reasoned - Yes/No
Whether reportable - Yes/No
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