Ran Singh @ Maddu And ANR v. State Of Haryana And ORS

  


     



   


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This petition under Section 482 Cr.P.C. is filed for quashing of F.I.R. No.259, dated 27.12.2017, under Sections 294, 323, 34, 341, 427, 452, 506 IPC registered at P.S. Bawani Khera, District Bhiwani and all subsequent proceedings arising therefrom in view of compromise deed dated 10.12.2019.


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 On 21.1.2020, the parties were directed to appear before the Illaqa Magistrate/trial Court for getting their statements recorded with regard to the compromise.

Report dated 3.2.2020 was received from the Judicial Magistrate First Class, Bhiwani and he has reported that the the matter has been effected between the parties with undue fear, pressure or coercion. Neither of the accused is absconding/PO in this case. Full Bench of this Court in Kulwinder Singh and others vs. State of Punjab, 2007 (3) RCR (Criminal) 1052, has held:- "There is no statutory bar in Cr.P.C. which affects inherent power of this Court under Section 482. The power of quashing is not limited to matrimonial cases alone." The Supreme Court in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat and another, 2017 AIR (SC) 4843 laid down the broad principles governing the exercises of powers of quashing of FIR. It was held that the power under Section 482 Cr.P.C.

is to be exercised by the High Court to secure the ends of justice, to prevent abuse of any process of law and in cases where in view of the compromise the possibility of conviction is remote and continuation of proceeding will cause oppression and prejudice.
Learned Counsel for the State has no objection. The parties are from the same village, the incident was a result of heat of the moment and due to some misunderstanding. Now, they have chosen the path of forget and forgive rather than indulging in a litigation.

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