Vijender And ORS v. State Of Haryana And ORS

In the High Court of Punjab and Haryana at Chandigarh ......

(1) Criminal Misc. No.M-18994 of 2016 .....

Date of decision:26.4.2017 Vijender and others .....Petitioners v.

State of Haryana and others .....Respondents ....

(2) Criminal Misc. No.M-19275 of 2016 .....

Phool Kumar and others .....Petitioners v.

State of Haryana and another .....Respondents ....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. S.S. Mor, Advocate for the petitioners in Cr. Misc. No.M18994 of 2016 and for respondent No.2 in Cr. Misc. No.M19275 of 2016. Mr. Rajat Mor, Advocate for the petitioners in Cr. Misc. No.M19275 of 2016 and for respondents No.2 and 3 in Cr. Misc. No.M-18994 of 2016.

Mr. Kuldeep Sharma, Deputy Advocate General, Haryana for the respondent-State.

.....

Inderjit Singh, J.

This order will dispose of the above mentioned two criminal miscellaneous petitions i.e. Criminal Misc. No.M-18994 of 2016 filed

[2] under Section 482 Cr.P.C. for quashing of FIR No.1090 dated 2.12.2006 registered for the offences under Sections 148, 149, 323 and 324 IPC at Police Station Sadar Hisar, District Hisar and Criminal Misc. No.M-19275 of 2016 filed for quashing of cross-case registered for the offences under Sections 323, 324, 326 and 34 IPC at Police Station Sadar Hisar, District Hisar in FIR No.1090 of 2.12.2006 as well as judgments and orders of sentence dated 16.12.2013 passed by the learned Judicial Magistrate Ist Class, Hisar and all other subsequent proceedings arising therefrom on the basis of compromise.

The FIR and the cross-case were got registered against each other by the petitioners of both the petitions as dispute arose as a result of fight between the parties in which injuries were received by both the parties. This is a case of version and cross-version. The trial in both the cases i.e. the FIR as well as in the cross-version ensued and both the parties i.e. the petitioners as well as private respondents and others were convicted and sentenced vide separate judgments dated 16.12.2013 passed by learned Judicial Magistrate Ist Class, Hisar. Both the parties preferred criminal appeals before the learned Sessions Judge/Additional Sessions Judge, Hisar, which are pending. During the pendency of appeals, now with the intervention of the respectable persons, the matter has been amicably sorted out between both the parties and compromise has been entered into. Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing

[3] the needful, learned Additional Sessions Judge, Hisar has sent his report dated 6.9.2016 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine.

Learned Deputy Advocate General, Hisar, on instructions from the Investigating Officer and learned counsel for complainants admit the factum of compromise and submit that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR and the cross-case in view of the law laid down by the Hon'ble Supreme Court.

I have heard learned counsel for the parties as well as learned Deputy Advocate General, Haryana and have gone through the record. Hon'ble Supreme Court in Dr. Arvind Barsaul etc. v. State of Madhya Pradesh and another, 2008 (2) R.C.R. (Cr.) 910, has held that proceedings after conviction can be quashed.

This Court in Sube Singh and another v. State of Haryana and another, 2013 (4) R.C.R. (Cr.) 102, has held as under:- "In the light of these peculiar facts and circumstances where not only the parties but their close relatives (including daughter and son-in-law of respondent No.2) have also supported the amicable settlement, we are of the considered view that the negation of the compromise would disharmonize the relationship and cause a permanent rift amongst the family members who are living together as a joint family. Non-

[4] acceptance of the compromise would also lead to denial of complete justice which is the very essence of our justice delivery system. Since there is no statutory embargo against invoking of power under Section 482 Criminal Procedure Code after conviction of an accused by the trial Court and during pendency of appeal against such conviction, it appears to be a fit case to invoke the inherent jurisdiction and strike down the proceedings subject to certain safeguards."

This Court in Satya Narain v. State of Haryana, 2009 (3) R.C.R. (Cr.) 97 and Lal Chand v. The State of Haryana, 2009 (5) R.C.R. (Cr.) 838, has held that High Court is vested with unparallel power to quash criminal proceedings at any stage to secure ends of justice. The parties have buried their hatchet, though at a belated stage, it was held, that if compromise is accepted and proceedings are quashed, it will go a long way, to create better relations between the parties. Therefore, it was observed that it is a fit case for quashing of FIR, conviction and sentence recorded by the trial Court. In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

Therefore, keeping in view the fact that the matter has been

[5] amicably settled between both the parties and the law laid down by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012

(4) RCR (Cr.) 543, and Dr. Arvind Barsaul etc. v. State of Madhya Pradesh and another (supra) and by this Court in Sube Singh and another v. State of Haryana and another (supra), Satya Narain v. State of Haryana (supra), and Lal Chand v. The State of Haryana (supra), these petitions are allowed. FIR No.1090 dated 2.12.2006 registered for the offences under Sections 148, 149, 323 and 324 IPC at Police Station Sadar Hisar, District Hisar and cross-case registered for the offences under Sections 323, 324, 326 and 34 IPC at Police Station Sadar Hisar, District Hisar in FIR No.1090 of 2.12.2006 as well as judgments and orders of sentence dated 16.12.2013 passed by the learned Judicial Magistrate Ist Class, Hisar and all other subsequent proceedings arising therefrom are quashed/set aside on the basis of compromise qua the petitioners.

April 26, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No