Nand Lal & ORS v. State Of Punjab & ANR
CRM-M No. 15795 of 2015 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CRM-M No. 15795 of 2015 (O&M) Date of decision :19.10.2015 Nand Lal and others ........ Petitioners
Versus
State of Punjab and another ........Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
Present:
Mr.Pawan Sharma, Advocate for the petitioners.
.
**** AJAY TEWARI, J. (Oral) This is a petition for quashing of FIR No. 15 dated 10.02.2012, under Sections 279, 447, 427, 506, 120-B IPC, registered at Police Station Nayagaon, District Mohali.
On 14.05.2015 the following order was passed:- " Notice of motion for 19.10.2015.
Meanwhile, parties are directed to be present before the trial Court/Illaqa Magistrate on 2.7.2015 or any other date convenient to the Court for recording their statements with regard to compromise. The Court is directed to record the statements of both the parties to its satisfaction to know its genuineness that the statements are not a result of any pressure or coercion in any manner. It shall send a report along with statements of the parties with regard to validity or otherwise of the compromise effected between the parties and also intimate whether any case is pending against either of the parties or not, before the next date of hearing."
Thereafter, the report of the Judicial Magistrate 1st Class, Kharar dated 25.08.2015 has been received whereby he had mentioned that the parties had appeared before him and had attested to the fact SUNITA NAGPAL 2015.10.21 16:30 I attest to the accuracy and authenticity y of this document Chandigarh
CRM-M No. 15795 of 2015 (O&M) that a compromise had indeed taken place between them and that the compromise had been executed voluntarily and without any pressure. He has further reported that no other case is pending pertaining to the parties. Learned DAG has accepted this fact. 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 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 FIR No. 15 dated 10.02.2012, under Sections 279, 447, 427, 506, 120-B IPC, registered at Police Station Nayagaon, District Mohali and all other 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. (AJAY TEWARI) JUDGE October 19 , 2015 SUNITA NAGPAL 2015.10.21 16:30 I attest to the accuracy and authenticity y of this document Chandigarh