Narender And ORS. v. State Of Haryana And ANR.

KUMAR MANOJ 2015.10.08 10:15 I attest to the accuracy and integrity of this document #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH Date of Order: 06.10.2015 Narender and Ors.

....Petitioners

Versus

State of Haryana and Anr.

....Respondents

CORAM:

HON'BLE MR. JUSTICE AJAY TEWARI

Present:

Mr. Ajit Sihag, Advocate for the petitioners. Mr Chetan Sharma, AAG, Haryana.

1. Whether Reporters of local papers 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? AJAY TEWARI, J (ORAL) Prayer is for quashing of FIR No.498 dated 22.11.2011 under Sections 323,406,498-A,34 IPC, P.S Bhiwani Sadar, District Bhiwani and all subsequent proceedings arising therefrom on the basis of compromise arrived at between the parties.

On 13.08.2015, the following order was passed by this Court: "The present petition has been filed under Section 482 Cr.P.C. for quashing of F.I.R. No.498 dated 22.11.2011 registered under Sections 323, 406, 498-A, 34 IPC at Police Station Bhiwani Sadar, District Bhiwani and all other consequential proceedings arising therefrom on the basis of compromise effected between the parties. Notice of motion.

Ms. Harpreet Kaur, A.A.G., Haryana, at the asking of the Court, accepts notice on behalf of respondent No.1. Learned counsel for the petitioners has supplied a copy of

#2# the petition to the learned AAG today in Court itself. To come up on 06-10-2015.

Meanwhile, the parties are directed to be present before the trial Court on the date fixed i.e. 18.08.2015 or any other date convenient to the Court for recording their statements with regard to compromise. The Court is directed to record the statements of both the parties to its satisfaction to know its genuineness that the statements are not the result of any pressure or coercion in any manner. The Court is further directed to send report along with the statements of the parties with regard to validity or otherwise of the compromise effected between the parties and also intimate whether any criminal case is pending against either of the parties or not before the next date of hearing."

Thereafter, the report of the learned Addl. Chief Judicial Magistrate, Bhiwani dated 30.09.2015 has been received, whereby he has mentioned that the parties had appeared before him and had attested to the fact that a compromise has indeed taken place between them and that the compromise has been executed voluntarily and without any pressure. 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

#3# is for their benefit and will bring peace and harmony between them. Consequently, this petition is allowed and the above said FIR and all consequential proceedings arising therefrom are quashed qua the petitioner.

Since the main case has been decided, the pending Criminal Misc. Application, if any, also stands disposed of. October 06, 2015 (AJAY TEWARI) manoj JUDGE