Punjab-Haryana High Court
Manoj Sumra And Ors vs State Of Punjab & Anr on 16 September, 2014
Author: Paramjeet Singh
Bench: Paramjeet Singh
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Crl. Misc. No. M-20072 of 2014
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-20072 of 2014
Date of decision: 16.09.2014
Manoj Sumra and others
....Petitioners
Versus
State of Punjab and another
....Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: - Mr. Kunal Siag, Advocate, for the petitioners.
Mr. B.S. Cheema, DAG, Punjab.
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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.417 dated 02.12.2008, registered under Sections 323/324/34 IPC at Police Station City Abohar, District Ferozepur along with all subsequent proceedings arising therefrom including judgment of conviction and order of sentence dated 20.02.2014, on the basis of compromise dated 29.05.2014(Annexure P-5).
Vide order dated 30.06.2014, parties were directed to appear before the Chief Judicial Magistrate, Fazilka on 23.07.2014 to get their statements recorded with regard to compromise. The original compromise was directed to be produced before the trial Court. The trial Court was directed to send its report to this Court stating whether the compromise is genuine and voluntary.
RAVINDER SINGH 2014.09.18 17:06 I attest to the accuracy and authenticity of this document -2- Crl. Misc. No. M-20072 of 2014 In compliance of order dated 30.06.2014, learned Chief Judicial Magistrate, Fazilka has submitted its report vide letter dated 02.08.2014 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-5) 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.417 dated 02.12.2008, registered under Sections 323/324/34 IPC at Police Station City Abohar, District Ferozepur with all subsequent proceedings arising out of the said FIR is quashed. Resultantly, the judgment of conviction and order of RAVINDER SINGH 2014.09.18 17:06 I attest to the accuracy and authenticity of this document -3- Crl. Misc. No. M-20072 of 2014 sentence dated 20.02.2014 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 16, 2014 R.S. RAVINDER SINGH 2014.09.18 17:06 I attest to the accuracy and authenticity of this document