Dharambir v. Rohtash

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 254 Criminal Miscellaneous No.M-34586 of 2015 (O & M) Date of Decision: January 21, 2016 Dharambir ..... PETITIONER

VERSUS

Rohtash ..... RESPONDENT . . .

CORAM:

HON'BLE MR. JUSTICE JASPAL SINGH . . .

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? . . .

PRESENT: - Mr. Nipun Vashist, Advocate, for the petitioner. Mr. Gulshan Nandwani, Advocate, for the respondent - complainant.

. . .

Jaspal Singh, J The present petition has been filed under Section 482 Cr.P.C. for quashing FIR No.183 dated November 12, 2007 under Section 2/3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'Act'), Police Station, Farrukh Nagar, District Gurgaon; Criminal proceedings in case No.58 dated August 19, 2014, under Section 2/3 of the Act; and subsequent proceedings arising therefrom, on the basis of compromise.

AVIN KUMAR 2016.01.22 10:22 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh

Crl. Misc. No.M-34586 of 2015 [2] In compliance of order dated October 8, 2015, report of Additional District & Sessions Judge, Gurgaon, has been received to the effect that compromise has been arrived at between the parties and the same is out of free will and consent of parties. Even otherwise, matter involved is personal in nature which has been amicably put at rest. Regarding the pendency of other criminal proceedings pending, as per the report of concerned SHO, Police Station, Farukhnagar, no other criminal case is pending against either of the parties. In view of the above, this Court is of the considered opinion that continuation of criminal proceedings between the parties would be an abuse of process of law and present compromise is for their benefit and will bring peace and harmony between them.

Consequently, instant petition stands allowed and FIR No.183 dated November 12, 2007 under Section 2/3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'Act'), Police Station, Farrukh Nagar, District Gurgaon; Criminal proceedings in case No.58 dated August 19, 2014, under Section 2/3 of the Act; and subsequent proceedings arising therefrom, is quashed qua the petitioner.

(Jaspal Singh) January 21, 2016 Judge avin AVIN KUMAR 2016.01.22 10:22 I attest to the accuracy and authenticity of this document High Court of Punjab & Haryana at Chandigarh