Kunal Lakhina And ORS v. State Of Haryana & ANR
CRM-M No.21038 of 2015 (O&M) 247 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM-M No.21038 of 2015 (O&M) Date of decision :12.10.2015 Kunal Lakhina & others ..... Petitioners
Versus
State of Haryana and another ........Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
Present:
Mr.Sompreet Singh Brar, Advocate for the petitioners. Mr.S.S.Pannu, DAG, Haryana.
Mr.Gurbir Dhillon, Advocate for respondent No.2. **** AJAY TEWARI, J. (Oral) This is a petition for quashing of FIR.
On 02.07.2015 the following order was passed:- "
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4 5 Thereafter, the report of the Civil Judge (Sr. Division)-cumAddl. Chief Judicial Magistrate, Sonepat dated 22.07.2015 has been received 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 also accepted SUNITA NAGPAL 2015.10.16 11:04 I attest to the accuracy and authenticity y of this document Chandigarh
CRM-M No.21038 of 2015 (O&M) 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
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Since the main case has been decided, the pending Criminal Misc. Application, if any, also stands disposed of. (AJAY TEWARI) JUDGE October 12 , 2015 SUNITA NAGPAL 2015.10.16 11:04 I attest to the accuracy and authenticity y of this document Chandigarh