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High Court of Punjab and HaryanaCRM-M/23370/2014allowed

Rattan & ORS v. Rattan Singh @ Ratna

2015-05-11Mr. Justice P.B. Bajanthri2 pages

Criminal Misc. No.M-23370 of 2014 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Cr.M.No.M-23370 of 2014 (O&M) DATE OF DECISION : 11.5.2015 Rattan and others PETITIONERS

VERSUS

Rattan Singh alias Ratna RESPONDENT CORAM : HON'BLE MR.JUSTICE MAHESH GROVER

1. Whether reporters of Local Newspapers may be allowed to see the judgment ?

2. To be referred to the Reporters or not ?

3. Whether the judgment should be reported in the Digest ? Present:- Shri S.K.Kaushik, Advocate for the petitioners. Shri Ajay Chaudhary, Advocate for the respondent. MAHESH GROVER, J.

This is a petition under Section 482 of the Code of Criminal Procedure praying for quashing of Criminal Complaint No.192 dated 9.7.2010 registered under Sections 323,325,506,34 and 218 I.P.C. and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Attrocities Act) pending in the Court Additional Sessions Judge, Fatehahad and all consequential proceedings arising therefrom on the ground that the parties have entered into a compromise. On 15.7.2014 this Court directed the parties to appear before the trial Court to record the statement of all the affected persons and further record a GHANSHYAM DASS 2015.05.11 15:29 I attest to the accuracy and authenticity of this document high court chandigarh

Criminal Misc. No.M-23370 of 2014 -2finding as to whether the compromise has been effected voluntarily by the parties and a report in this regard was also called for. Report has since been received along with copies of the statements of the affected persons which also indicates that the matter has been resolved amicably between the parties without any pressure from any quarter. The Hon'ble Supreme Court in Gold Quest International Private Ltd. v. State of Tamil Nadu and others 2014(4) R.C.R. (Crl.) 206 has held that the disputes which are substantially matrimonial in nature, or the civil property disputes with criminal facets, if the parties have entered into settlement, and it has become clear that there are no chances of conviction, there is no illegality in quashing the proceedings under Section 482 Cr.P.C. read with Article 226 of the Constitution.

The Hon'ble Division Bench of this Court in Sube Singh and another v. State of Haryana and another 2013(4) R.C.R. (Crl.) 102 has held that the High Court is vested with unparallel power to quash criminal proceedings at any stage to secure the ends of justice.

Having regard to the aforesaid and the observations of Full Bench in Kulwinder Singh v. State of Punjab 2007(3) Law Herald 2225, and Gian Singh v. State of Punjab 2012(4) R.C.R. (Crl.)543, the instant petition is allowed. Consequently, Criminal Complaint No.192 dated 9.7.2010 registered under Sections 323,325,506,34 and 218 I.P.C. and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Attrocities Act) pending in the Court Additional Sessions Judge, Fatehahad and all consequential proceedings arising therefrom are hereby quashed qua the petitioners.

(MAHESH GROVER) May 11, 2015 JUDGE GD GHANSHYAM DASS 2015.05.11 15:29 I attest to the accuracy and authenticity of this document high court chandigarh