Anand Jain & ORS v. State Of Haryana & ANR

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

Criminal Misc. No.M-30363 of 2014 .....

Date of decision:23.2.2015 Anand Jain and others .....Petitioners v.

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

Coram:

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

Present:

Mr. Abhay Pratap Singh, Advocate for the petitioners. Mr. Surinder Singh Pannu, Deputy Advocate General, Haryana for the respondent-State.

Mr. Abhimanyu Singh, Advocate for complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.150 dated 26.4.2014 (Annexure-P.1) registered for the offences under Sections 420 and 406 IPC at Police Station Sector 7 Faridabad, District Faridabad and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantAtul Garg on the allegations that the accused-petitioners have cheated him. Now with intervention of friends, the matter has been amicably settled and compromise has been entered into between the parties, therefore, they were

Cr. Misc. No.M-30363 of 2014 [2] 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, Faridabad, has sent her report dated 12.12.2014 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 petitioners as well as learned Deputy Advocate General, Haryana and learned counsel for complainant-respondent No.2 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-30363 of 2014 [3] petition is allowed and FIR No.150 dated 26.4.2014 (Annexure-P.1) registered for the offences under Sections 420 and 406 IPC at Police Station Sector 7 Faridabad, District Faridabad and all subsequent proceedings arising out of the same are hereby quashed.

February 23, 2015.

(Inderjit Singh) Judge *hsp*