Punjab-Haryana High Court
Sant Sodhi Ram & Ors vs State Of Punjab & Another on 19 March, 2013
Author: Paramjeet Singh
Bench: Paramjeet Singh
Crl. Misc. No.M-328 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No.M-328 of 2013 (O&M)
Date of decision: 19.03.2013
Sant Sodhi Ram & ors. .... Petitioners
Versus
State of Punjab & another .... Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: Mr. J.B.S.Gill, Advocate
for the petitioners.
Mr. Gurinderjit Singh, DAG, Punjab.
Mr. Ruminderjit Singh, Advocate
for respondent No.2.
*****
PARAMJEET SINGH, J. (ORAL)
This petition has been moved by the petitioners under Section 482 of the Code of Criminal Procedure, seeking quashing of case FIR No.62 dated 21.07.2012 registered under Sections 148/323/324/342/367/451/149 IPC at Police Station Chabbewal, District Hoshiarpur, along with all consequential proceedings arising out of it, on the basis of compromise dated 07.11.2012 (Annexure P-2).
Notice of motion was issued. On 08.01.2013 parties were at liberty to appear before trial Court to record their respective statements with regard to compromise and trial Court was directed to submit its report.
In pursuance of order dated 08.01.2032, learned Chief Judicial Magistrate, Hoshiarpur, has submitted his report, which indicates that parties appeared before him and recorded their respective statements with regard to validity of compromise. As per Crl. Misc. No.M-328 of 2013 -2- the report, compromise arrived at between the parties is genuine and without any pressure or coercion from any corner. Now no dispute is pending between the parties.
Consequently, in view of compromise dated 07.11.2012 (Annexure P-2) and keeping in view the law laid down by the Hon'ble Apex Court in the case of Madan Mohan Abbot vs. State of Punjab, 2008(2) RCR (Criminal) 429, which has been affirmed by a Larger Bench of the Hon'ble Supreme Court in Gian Singh vs. State of Punjab and another, SLP (Crl.) No.8989 of 2010 decided on 24.9.2012, by the 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.62 dated 21.07.2012 registered under Sections 148/323/324/342/367/451/149 IPC at Police Station Chabbewal, District Hoshiarpur, along with all consequential proceedings arising out of it, on the basis of compromise dated 07.11.2012 (Annexure P-2), is quashed.
It is, however, made clear that if the proceedings already Crl. Misc. No.M-328 of 2013 -3- 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.
19.03.2013 (Paramjeet Singh) sonia Judge