Punjab-Haryana High Court
Balkar Singh And Others vs State Of Haryana Aand Others on 11 September, 2014
Author: Paramjeet Singh
Bench: Paramjeet Singh
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Crl. Misc. No. M-26011 of 2014
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-26011 of 2014
Date of decision: 11.09.2014
Balkar Singh and others
....Petitioners
Versus
State of Haryana and others
....Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: - Mr. N.S. Behgal, Advocate, for the petitioners.
Mr. Supreet Ghuman, DAG, Haryana.
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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.96 dated 12.05.2004, registered at Police Station Sadar Thanesar, District Kurukshetra under Sections 323, 324, 325, 326 and 506 read with Section 34 IPC along with all subsequent proceedings arising therefrom including judgment of conviction dated 18.01.2012 and order of sentence dated 19.01.2012, on the basis of compromise dated 28.01.2014 (Annexure P-3).
Vide order dated 04.08.2014, parties were directed to appear before the appellate Court to get their statements recorded with regard to compromise and the appellate Court was directed to send its report with regard to genuineness of the compromise.
RAVINDER SINGH 2014.09.18 17:06 I attest to the accuracy and authenticity of this document -2- Crl. Misc. No. M-26011 of 2014 In compliance of order dated 04.08.2014, learned Additional Sessions Judge, Kurukshetra has submitted its report vide letter dated 20.08.2014 which indicates that parties appeared before it and got recorded their respective statements with regard to validity of compromise. As per 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 (Annexure P-3) and in view of Division Bench judgment of this Court in Sube Singh and another v. State of Haryana and another 2013 (4) R.C.R. (Criminal) 102, 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. 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.96 dated 12.05.2004, registered at Police Station Sadar Thanesar, District Kurukshetra under Sections 323, 324, 325, 326 and 506 read with Section 34 IPC with all the subsequent proceedings arising out of the said FIR is quashed. RAVINDER SINGH 2014.09.18 17:06 I attest to the accuracy and authenticity of this document -3- Crl. Misc. No. M-26011 of 2014 Resultantly, the judgment of conviction dated 18.01.2012 and order of sentence dated 19.01.2012 rendered by the trial Court in the said FIR case are set aside. As a necessary consequence, the appeal preferred by the petitioners against the above-mentioned judgment of conviction and order of sentence would be rendered infructuous and shall be so declared by the appellate Court.
(Paramjeet Singh) Judge September 11, 2014 R.S. RAVINDER SINGH 2014.09.18 17:06 I attest to the accuracy and authenticity of this document