Naveen Kumar & ANR v. Ut Of Chandigarh & ANR

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

Criminal Misc. No.M-33656 of 2016 .....

Date of decision:6.12.2016 Naveen Kumar and another .....Petitioners v.

Union Territory, Chandigarh and another .....Respondents ....

Coram:

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

Present:

Mr. Vinod Kumar, Advocate for the petitioners. Mr. Amit Kumar Goyal, A.P.P., U.T. for respondent No.1. Mr. Jatin Sehrawat, Advocate for the complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.364 dated 20.9.2012 (Annexure-P.1) registered for the offences under Sections 420, 467, 468, 471, 473 and 120-B IPC at Police Station Sector 17, Chandigarh and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantSanjeev Kumar on the allegations that the accused-petitioners by hatching conspiracy have cheated him. Now with the intervention of respectable persons, the matter has been amicably settled and compromise has been

Cr. Misc. No.M-33656 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, Chandigarh has sent his report dated 4.11.2016 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 A.P.P., U.T. Chandigarh, on instructions from the Investigating Officer and learned counsel for complainant-respondent 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 A.P.P., U.T. Chandigarh and learned counsel for complainantrespondent 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

Cr. Misc. No.M-33656 of 2016 [3] in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.364 dated 20.9.2012 (Annexure-P.1) registered for the offences under Sections 420, 467, 468, 471, 473 and 120B IPC at Police Station Sector 17, Chandigarh and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners. December 6, 2016.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No