Punjab-Haryana High Court
Shadi Ram Yadav & Ors vs State Of Haryana & Ors on 22 December, 2015
C.R.M-M No.35761-2015 -1-
257 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.R.M-M No. 35761-2015
Date of Decision : 22.12.2015
Shadi Ram and others
...... Petitioners
Versus
State of Haryana and another
...... Respondents
CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
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Present : Mr.J.P.Jangu, Advocate for the petitioners.
Mr. D.R.Singla, DAG, Haryana.
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1. Whether Reporters of 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?
AJAY TEWARI, J. (Oral)
On 16.10.2015 the following order was passed :-
"The present petition has been filed under Section 482 Cr.P.C. for quashing of F.I.R. No.146 dated 08.10.2013 registered under Sections 406, 498-A, 506, 34 IPC, at Police Station Rewari Sadar 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. S.S. Pannu, Deputy Advocate General, Haryana, accepts notice on behalf of respondents No.1 to 4.
Learned counsel for the petitioners undertakes to supply a copy of the petition to the learned DAG during the course of the day.
POOJA SHARMA 2015.12.23 17:51 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh C.R.M-M No.35761-2015 -2- To come up on 22.12.2015.
Meanwhile, the parties are directed to be present before the trial Court on the date fixed which is stated to be 05.11.2015 or 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 is pending against either of the parties or not before the next date of hearing."
Thereafter, the report of the Civil Judge (Junior Division), Gurgaon dated 06.11.2015 has been received whereby he has mentioned that the parties had appeared before him and had attested to the fact that a compromise has indeed taken place between them and that the compromise has been executed voluntarily and without any pressure.
Learned Deputy Advocate General has also accepted this fact. The Hon'ble Supreme Court in Gian Singh v. State of Punjab 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 POOJA SHARMA 2015.12.23 17:51 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh C.R.M-M No.35761-2015 -3- is for their benefit and will bring peace and harmony between them.
Consequently, this petition is allowed and the above said FIR and all consequential proceedings arising therefrom are quashed qua the petitioners.
Since the main case has been decided, the pending Criminal Misc. Application, if any, also stands disposed of.
( AJAY TEWARI )
December 22, 2015 JUDGE
Pooja sharma-I
POOJA SHARMA
2015.12.23 17:51
I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh