Punjab-Haryana High Court
Shanu @ Jahangir vs State Of Haryana And Another on 20 April, 2018
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc.No.M-1676 of 2018 (O&M)
Date of decision : 20.04.2018
Shanu alias Jahangir
... Petitioner
Versus
State of Haryana and another
... Respondents
CORAM: HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI
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Present: Mr. R.S.Budhwar, Advocate
for the petitioner.
Mr. Brijesh Sharma, AAG, Haryana.
Mr. Parveen Maan, Advocate
for respondent No.2.
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RAJ SHEKHAR ATTRI, J.(Oral)
By invoking Section 482 Cr.P.C., the petitioner has prayed for quashing of FIR No.260 dated 15.06.2015, registered under Sections 337, 279 and 338 IPC (Section 338 IPC added later) at Police Station Indri, District Karnal 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 Chatter Singh son of Sh. Phool Singh. Now, dispute between the parties has been resolved by way of compromise Annexures P-2.
Vide order dated 07.02.2018, the parties were directed to appear before the trial Court to get their statements recorded with regard to genuineness of compromise.
Pursuant thereto, a report has been submitted by the Sub Divisional Judicial Magistrate, Indri wherein it has been reported that 1 of 2 ::: Downloaded on - 06-05-2018 03:01:17 ::: Criminal Misc.No.M-1676 of 2018 (O&M) -2- statements of the parties have been recorded and they have voluntarily compromised the matter.
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.260 dated 15.06.2015, registered under Sections 337, 279 and 338 IPC (Section 338 IPC added later) at Police Station Indri, District Karnal and proceedings emanating therefrom stand quashed qua the petitioner.
( RAJ SHEKHAR ATTRI)
20.04.2018 JUDGE
mamta-M
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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