Mahender Singh v. State Of Haryana And ORS

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-30299 of 2016 .....

Date of decision:17.4.2017 Mahender Singh .....Petitioner v.

State of Haryana and another .....Respondents ....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Sandeep Punchhi, Advocate for the petitioner. Mr. Kuldeep Sharma, Deputy Advocate General, Haryana for the respondent-State.

Mr. R.K. Kantiwal, Advocate for respondent No.2. .....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.349 dated 2.9.2014 (Annexure-P.6) registered for the offences under Sections 419, 420, 467, 468 and 471 IPC at Police Station Rania, District Sirsa and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantSurjit Singh on the allegations that the accused-petitioner by hatching conspiracy has cheated him. Now with the intervention of respectable persons, the matter has been amicably settled and compromise has been

Cr. Misc. No.M-30299 of 2016 [2] entered into between the parties, therefore, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Judicial Magistrate Ist Class, Ellenabad has sent his report dated 10.4.2017 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one. Learned Deputy Advocate General, Haryana, on instructions from the Investigating Officer and learned counsel for complainantrespondent No.2 admit the factum of compromise and submit that in case the parties have indeed settled their dispute, the State would have no objection to the quashing of the FIR in view of the law laid down by the Hon'ble Supreme Court.

I have heard learned counsel for the parties as well as learned Assistant Advocate General, Haryana and have gone through the record. In a decision, based on compromise, none of the parties is a loser. Rather, compromise not only brings peace and harmony between the parties to a dispute, but also restores tranquility in the society. After considering the nature of offences allegedly committed and the fact that both the parties have amicably settled their dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

Therefore, keeping in view the fact that the matter has been amicably settled and in view of the law laid by the Hon'ble Supreme Court in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this

Cr. Misc. No.M-30299 of 2016 [3] petition is allowed and FIR No.349 dated 2.9.2014 (Annexure-P.6) registered for the offences under Sections 419, 420, 467, 468 and 471 IPC at Police Station Rania, District Sirsa and all subsequent proceedings arising out of the same are hereby quashed qua the petitioner. April 17, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No