Punjab-Haryana High Court
Pargat Singh And Others vs State Of Punjab And Others on 18 October, 2012
Author: Paramjeet Singh
Bench: Paramjeet Singh
Crl. Misc. No. M-12947 of 2011
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-12947 of 2011 (O&M)
Date of decision: 18.10.2012
Pargat Singh and others
....Petitioners
Versus
State of Punjab and others
....Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: - Mr. APS Tung, Advocate, for
Mr. TPS Tung, Advocate, for the petitioners.
Ms. Jaspreet Kaur, AAG, Punjab.
Mr. G.S. Jagpal, Advocate, for respondents No.4 and 5.
*****
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.74 dated 8.7.2010 under Sections 447/454/506/148/149 IPC registered at Police Station Rangar Nangal, Police District Batala, along with all consequential proceedings arising out of it, on the basis of compromise dated 7.3.2011 (Annexure P-2).
Notice of motion was issued. On 6.9.2012 parties were directed to appear before the learned trial Court on 20.9.2012 to record their respective statements with regard to genuineness of the compromise and learned trial Court was directed to submit its report.
In pursuance of order dated 6.9.2012, learned Judicial Magistrate Ist Class, Batala, has submitted her report, which indicates that parties appeared before her and recorded their respective statements Crl. Misc. No. M-12947 of 2011 -2- 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.
Today, learned counsel for the complainant states that complainant would have no objection, if the present FIR along with consequential proceedings, arising out of it, are quashed.
Consequently, in view of compromise (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.
Crl. Misc. No. M-12947 of 2011 -3- The present petition is allowed. FIR No.74 dated 8.7.2010 under Sections 447/454/506/148/149 IPC registered at Police Station Rangar Nangal, Police District Batala, along with all consequential proceedings arising out of it, on the basis of compromise (Annexure P-
2), is quashed.
(Paramjeet Singh) Judge October 18, 2012 R.S.