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High Court of Punjab and HaryanaCRM-M/16772/2014allowed

Pawan Sharma & ORS v. State Of Haryana &ANR

2015-08-14Mrs. Justice Rekha Mittal2 pages

CRM-M No.16772 of 2014 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M No.16772 of 2014 (O&M) Date of decision :14.08.2015 Pawan Sharma & others ..... Petitioners

Versus

State of Punjab and another ........Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI

Present:

Mr.Sanejev Kr.Panwar, Advocate for the petitioners. Ms.Neelam Kashyap, DAG, Haryana.

Mr.Mohan Singh Rana, Advocate for the complainant. **** AJAY TEWARI, J. (Oral) This is a petition for quashing of FIR No.58 dated 23.02.2012 , under Sections 420, 406 IPC, registered at Police Station City Jagadhri, District Yamuna Nagar on the basis of compromise. On 26.02.2015 the following order was passed:- " 

   

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Thereafter, the report of the Addl.Chief Judicial Magistrate, Yamuna Nagar at Jagadhri dated 04.07.2015 has been received SUNITA NAGPAL 2015.08.18 13:56 I attest to the accuracy and authenticity y of this document Chandigarh

CRM-M No.16772 of 2014 (O&M) whereby he had mentioned that the parties had appeared before him and had attested to the fact that a compromise had indeed taken place between them and that the compromise had been executed voluntarily and without any pressure. 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.58 dated 23.02.2012 , under Sections 420, 406 IPC, registered at Police Station City Jagadhri, District Yamuna Nagar 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 August 14 , 2015  SUNITA NAGPAL 2015.08.18 13:56 I attest to the accuracy and authenticity y of this document Chandigarh