Karan Saini Alias Bunty And ORS v. State Of Punjab & ORS
234 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM-M No.22745 of 2015 (O&M) Date of decision :11.12.2015 Karan Saini alias Bunty & others ....... Petitioners
Versus
State of Punjab and others ........Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
Present:
Mr.Vipin Mahajan, Advocate for the petitioners.
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**** AJAY TEWARI, J. (Oral) This is a petition for quashing of FIR No.70 dated 17.10.2014 , under Sections 323, 379, 341, 34 IPC, registered at Police Station Behrampur, District Gurdaspur, Punjab on the basis of compromise.
On 16.07.2015 the following order was passed:- "
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Thereafter, the report of the Judicial Magistrate 1st Class, Gurdaspur dated 17.10.2015 has been received whereby he had mentioned that the parties had appeared before him and had attested to SUNITA NAGPAL 2015.12.15 12:29 I attest to the accuracy and authenticity y of this document Chandigarh
CRM-M No.22745 of 2015 (O&M) -2the 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 other case is pending between the parties. 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.70 dated 17.10.2014 , under Sections 323, 379, 341, 34 IPC, registered at Police Station Behrampur, District Gurdaspur, Punjab 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 December 11 , 2015 SUNITA NAGPAL 2015.12.15 12:29 I attest to the accuracy and authenticity y of this document Chandigarh