Ajay & Others v. State Of Haryana & Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Decided on: 17.04.2017 Ajay and others ....Petitioners

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MRS JUSTICE REKHA MITTAL Present :

Mr. Harish Mehla, Advocate for the petitioners.

Mr. Vikas Malik, DAG, Haryana.

Mr. Kuldeep Singh, Advocate for Mr. Monu Sharma, Advocate for respondent No.2 to 8.

REKHA MITTAL, J. (Oral) The petitioners have prayed for quashing of FIR No.307 dated 01.12.2016, for offence under Sections 148, 149, 323, 341, 354D, 452 and 506 of the Indian Penal Code (in short 'IPC') registered in Police Station Chandimandir, Sector 23, Panchkula, District Panchkula on the basis of compromise dated 05.01.2017 (Annexure P2) effected between the parties.

The parties were directed to appear before the Illaqa Magistrate on 03.03.2017 to get their statements recorded with regard to genuineness of compromise.

A report has been submitted by the Additional Chief Judicial Magistrate, Panchkula, wherein it has been reported that statements of the petitioners and respondent No.2 (complainant) have been recorded and statements made by the parties in the Court reveal

that they have voluntarily entered into a compromise with an intention to live in peace and harmony.

Counsel for the petitioners would submit that besides the complainant, there are 06 persons who sustained injuries and statements of all of them have been recorded by the Court below. Counsel for the State assisted by counsel for the complainant has not disputed that the parties i.e. petitioners and respondent No.2 have arrived at a settlement with an intent to give burial to their differences.

I have heard counsel for the parties and perused the case file.

Perusal of allegations in the FIR reveals that the present case squarely falls in the category of cases that can be quashed by the High Court, in exercise of its inherent power under Section 482 of the Code. Keeping in view authoritative enunciation of law laid down by Hon'ble the Supreme Court of India in "Gian Singh vs State of Punjab and another", 2012(4) R.C.R. (Criminal) 543 and in the light of facts and circumstances of the present case, this Court is of the considered opinion that continuation of criminal proceedings would amount to abuse of process of law and it is expedient in the interest of justice that criminal proceedings are put to an end.

In view of what has been discussed hereinabove, the petition is allowed and FIR No.307 dated 01.12.2016, for offence under Sections 148, 149, 323, 341, 354-D, 452 and 506 IPC registered in Police Station Chandimandir, Sector 23, Panchkula, District Panchkula and proceedings emanating therefrom are ordered to be quashed, qua

the petitioners.

17.04.2017 (REKHA MITTAL) yakub JUDGE Whether speaking/reasoned Yes/No Whether reportable:

Yes/No