Punjab-Haryana High Court
Gagan Deep Etc vs State Of Haryana And Another on 19 August, 2011
Author: Mahesh Grover
Bench: Mahesh Grover
CRM No. M-20852 of 2009(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No. M-20852 of 2009(O&M)
Gagan Deep etc. ......Petitioners
Versus
State of Haryana and another .......Respondents
AND
CRR No. 776 of 2010
Gagandeep etc. .........Petitioner
Versus
Inderjit ........Respondent.
DECIDED ON:- 18.08.2011
CORAM HON'BLE MR. JUSTICE MAHESH GROVER
Present: Mr. John Kumar, Advocate for the petitioners.
Mr.Sandeep Mann, Sr.DAG, Haryana.
Mr. Chander Shekhar, Advocate for complainant.
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MAHESH GROVER, J(Oral)
This order will dispose of two petitions i.e CRM No. M-20852 of 2009 titled Gagan Deep and another v. State of Haryana and another, in which a prayer for quashing of the complaint No. 179/2006 titled as Inderjit v. Gagan Deep and another under Sections 323, 307, 506, 34 IPC and summoning order dated 12.8.2008, passed by Chief Judicial Magistrate, Karnal has been made with a further prayer that all consequent proceedings be also quashed. In the second petition i.e CRR No. 776 of 2010 titled Gagandeep etc. v. Inderjit, prayer for quashing of the order by which charge has been framed against the petitioners, has been made.
During the pendency of the proceedings, the matter was referred to Mediation and Conciliation Centre of the High Court, with whose intervention, the dispute inter-se between the parties has been settled CRM No. M-20852 of 2009(O&M) 2 and as per the compromise, the terms of which are not disputed by the parties, petitioners and respondents both have agreed that the entire litigation inter-se between them be ended. For the purposes of clarification, the compromise/settlement with the intervention of the Mediation Centre is extracted hereunder so as to make it a part of the order;
" That the petitioners will not interfere in the land of the complainant which the complainant received from the petitioners vide Reliquished Deed No. 9397 dated 28.2.2002 and further the petitioners will not harass the complainant and any of his family members in future and similarly, the complainant will also not harass the petitioners in any manner.
That it is further agreed between the parties that the petitioners will pay the compensation of Rs.1,00,000/- (Rupees one lakh only) to the complainant in lieu of this compromise. The amount of Rs.50,000/- (Rupees fifty thousands only) is handed over to the complainant today in the Mediation Centre and the same has been acknowledged by the complainant in the presence of his counsel and the remaining amount of Rs.50,000/- (Rupees fifty thousands only) will be handed over to the complainant by the petitioners on the date of hearing before this Hon'ble Court.
That it is also agreed between the parties that the complainant has no objection if the complaint No. 179/2006 (Annexure P5) titled as Inderjit v. Gagandeep and anr. Under Sections 323, 307, 506, 34 IPC and summoning order dated 12.8.2008, passed by ld. Chief Judicial Magistrate, Karnal and all other subsequent proceedings pending therein be quashed in lieu of this compromise.
It has been further decided between the parties that none of the parties shall file or institute any other case against each other in relation to or pertaining to the dispute which is being settled by signing of the present compromise. It has been further decided that in case of any complaint or application coming into notice of any of the parties filed by the other party, the same shall be got filed/closed by submitting a copy of the present compromise.
With the execution of the present compromise, entire dispute between the parties has been settled and all the parties shall be free to CRM No. M-20852 of 2009(O&M) 3 lead their life as per their own wishes.
This compromise has been reached between the parties without any pressure but with their own free will. Both the parties have very happily agreed to abide by the terms and conditions of the agreement. Both the parties shall be bound with the terms and conditions of this compromise.
It has been further decided between the parties that in case of necessity, both the parties shall be free to present the copy of the above compromise before any authority or court if the same is required to witness the execution of the compromise or to settle any pending controversy between the parties.
The parties have gone through the contents and the same have been explained to the parties and after admitting the same as correct, have put their respective signatures. A copy of the compromise is also given to both the parties.
As per the aforesaid terms of the compromise, amount of Rs.50,000/- was paid before the Mediation Centre and the remaining amount has been paid to the learned counsel for the respondent today.
In view of the fact that the compromise arrived at and has been duly executed, I am of the opinion that the continuance of the proceedings would not be in the interest of justice. Consequently, keeping in view the observations of the Full Bench in Kulwinder Singh v. State of Punjab 2007(3) Law Herald 2225, the instant petitions are allowed. Consequently, Complaint No. 179/2006 titled as Inderjit v. Gagan Deep and another under Sections 323, 307, 506, 34 IPC and summoning order dated 12.8.2008, passed by Chief Judicial Magistrate, Karnal and all consequent proceedings arising there from are directed to be quashed. Likewise, the prayer made in second petition directed against the order of the charge is also accepted and all consequent proceedings arising therefrom are also directed to be quashed.
18.08.2011 ( MAHESH GROVER) mamta JUDGE