Punjab-Haryana High Court
Manjit Singh @ Bittu And Ors vs State Of Punjab & Anr on 5 September, 2014
Author: Paramjeet Singh
Bench: Paramjeet Singh
-1-
CRM-M-10690-2014
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-10690-2014
Date of decision:05.09.2014
Manjit Singh @ Bittu and others
....Petitioner(s)
Versus
State of Punjab and another
....Respondent(s)
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: Mr. Vaibhav Sehgal, Advocate,
for the petitioners.
Mr. B.S.Cheema, DAG, Punjab.
*****
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.41 dated 21.04.2012, registered at Police Station Sarabha Nagar, District Ludhiana, under Sections 323, 341, 382, 506, 148 and 149 of the Indian Penal Code, on the basis of compromise dated 19.03.2014 (Annexure P-2), alongwith all the subsequent proceedings arising thereof.
Vide order dated 26.03.2014, parties were directed to appear before trial Court on 21.04.2014 to get their statements recorded with regard to compromise and the trial Court was directed to send the report. PARVEEN KUMAR 2014.09.06 10:12 I attest to the accuracy and integrity of this document -2- CRM-M-10690-2014 In compliance of order dated 26.03.2014, learned trial Court has submitted its report vide letter dated 25.04.2014 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.
Learned counsel for the parties state that the trial is still pending till date and conviction has not been recorded by the Court.
Consequently, in view of compromise dated 19.03.2014 (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, Gian Singh vs. State of Punjab and another, 2012(4) R.C.R.(Criminal) 543, Narinder Singh and others vs. State of Punjab and another, 2014(2) R.C.R.(Criminal) 482 and 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 (supra) and Narinder Singh and others (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 PARVEEN KUMAR 2014.09.06 10:12 I attest to the accuracy and integrity of this document -3- CRM-M-10690-2014 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.41 dated 21.04.2012, registered at Police Station Sarabha Nagar, District Ludhiana, under Sections 323, 341, 382, 506, 148 and 149 of the Indian Penal Code is hereby quashed, on the basis of compromise dated 19.03.2014 (Annexure P-2), and all the criminal proceedings arising out of the said FIR also stand quashed.
It is, however, made clear that if the proceedings already 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.
(PARAMJEET SINGH) 05.09.2014 JUDGE parveen kumar PARVEEN KUMAR 2014.09.06 10:12 I attest to the accuracy and integrity of this document