D C Singh And Another v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

Date of decision :12.10.2015 D.C.Singh and another ..... Petitioners

Versus

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

Present:

Mr.G.S.Toor, Advocate for the petitioners.



    .

**** AJAY TEWARI, J. (Oral) This is a petition for quashing of FIR.

On 06.07.2015 the following order was passed:- "    

     

 ! 

"#$%& ''()   ( )(*+ '

,(- ,))#       .

/   0

1  *)2 

    !    



3   33 4,(),0

1*2 % 3  5

   6/    33     4,(), 0

1*2      # !

 7        

      6  3 /

 33  )44(), .# !



 7   3

  1  

   

 /

 3   /8*
 



 

  
   

 

 
    

   

 

 

 

     9 &4(),:

On 29.07.2015 the report from the trial Court was not received and the following order was passed:- ; -4(),  / 

     3  

  /    $    6/   < + 

      

    3     

  1  

 / /     6 

  3  /    ))&(),
  

                   !

                 

  

    "
 #$%&   '(
')
*'%&!   %+
'+
*'%&

"
#,,,

    -       !  
  .    / ! 

                

%)
%%
*'%&
As per the the report of the Judicial Magistrate 1st Class, Barnala dated 17.07.2015 it has been mentioned that the parties had appeared before him and he had has 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. He has further reported that no accused person has been declared a proclaimed offender. 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 F#$%& ''()    ( )(*+ '

,(- ,))#      .

/ 0

1*)2

  !   





3 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 12 , 2015