High Court of Punjab and HaryanaCRM-M/28408/2014allowed

Sanjay Kumar Goyal And ORS v. State Of Punjab & ANR

2015-05-14Mr. Justice S.C. Datta3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-28408 of 2014 (O&M) Date of decision: 14.05.2015 Sanjay Kumar Goyal and others ....Petitioners

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH 1) Whether Reporters of the 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 ? Present: - Mr. R.D. Anand, Advocate, for the petitioners. Mr. K.S. Sidhu, DAG, Punjab.

Mr. Sanjiv Gupta, Advocate, for respondent No.2. ***** PARAMJEET SINGH, J. (ORAL) This petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure, seeking quashing of case FIR No.87/2014 dated 11.06.2014 registered under Sections 406/420/419/465/468/471/120-B IPC at Police Station VIII, Mohali, along with all consequential proceedings arising therefrom. On 21.08.2014 notice of motion was issued and parties were directed to appear before the Mediation and Conciliation Centre to explore possibility of amicable settlement.

As per the report of the Mediator dated 17.12.2014 parties

-2have settled the dispute amicably. Perusal of settlement/agreement shows that settlement is voluntary and without any coercion. Consequently, in view of the compromise and keeping in view the law laid down by the Hon'ble Supreme Court in the case of Madan Mohan Abbot v. State of Punjab, 2008(2) RCR (Criminal) 429, Gian Singh v. State of Punjab and another, 2012(4) RCR (Criminal) 543, Narinder Singh and others v. State of Punjab and another, 2014(2) RCR (Criminal) 482 and Full Bench judgment of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another, 2007

(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation, especially when this case does not fall within the category of exceptional cases where this Court should not exercise its inherent jurisdictional power to quash the criminal proceedings, as held in Gian Singh's case (supra). In the facts and circumstances of this case it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of the criminal proceedings would amount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and to secure the ends of justice, therefore, it is appropriate that criminal case is put to an end. The present petition is allowed. FIR No.87/2014 dated 11.06.

2014 registered under Sections 406/420/419/465/468/471/120-B IPC at Police Station VIII, Mohali, along with all consequential proceedings arising out of it, on the basis of compromise, is quashed.

-3treated non est and, thus, will have no bearing on the conviction and sentence order.

(Paramjeet Singh) Judge May 14, 2015 R.S.