High Court of Punjab and HaryanaCRM-M/11482/2015allowed

Yaman Bhardwaj And ORS v. Ut Of Chandigarh & ANR

2015-10-01Mrs. Justice Rekha Mittal2 pages

KUMAR MANOJ 2015.10.05 10:24 I attest to the accuracy and integrity of this document CRM-M- 11482 of 2015 (O&M) #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH CRM-M- 11482 of 2015 (O&M) Date of Order: 01.10.2015 Yaman Bhardwaj and Ors.

....Petitioners

Versus

UT Chandigarh and Anr.

....Respondents

CORAM:

HON'BLE MR. JUSTICE AJAY TEWARI

Present:

Mr. Sushil Bhardwaj, Advocate for the petitioners. Mr. G.S. Chahal, Addl. P.P for UT, Chandigarh/ respondent No.1.

Mr. Anil K. Ahluwalia, Advocate for respondent No.2.

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? AJAY TEWARI, J (ORAL) Prayer is for quashing of FIR No.752 dated 28.12.2013 under Sections 406/498-A IPC, P.S South Sector 34, Chandigarh and sbusequent proceedings arising therefrom on the basis of compromise (P.2). It is stated that as per settlement arrived at the Mediation Centre between the parties, a final amount of Rs.3,50,000/- has been handed over to respondent No.2 before the Mediator. Both the parties have undertaken to comply with the terms and conditions of the present compromise (P.2).

The Hon'ble Supreme Court in Gian Singh v. State of Punjab and another reported as 2012(4) RCR(Criminal) 543 has discussed in detail the inherent powers of High Court in quashing a criminal proceeding or FIR

CRM-M- 11482 of 2015 (O&M) #2# or complaint where the parties have entered into compromise except the cases which involve offences such as murder, rape dacoity etc. as such offences are not private in nature and have serious impact on society. In view of the above judicial pronouncement, I am of the considered opinion that continuation of criminal proceedings between the parties would be an abuse of the process of law and the present compromise is for their benefit and will bring peace and harmony between them. Consequently, this petition is allowed and the above said FIR and all consequential proceedings arising therefrom are quashed qua the petitioners.

Since the main case has been decided, the pending Criminal Misc. Application, if any, also stands disposed of. October 01, 2015 (AJAY TEWARI) manoj JUDGE