Anil Kumar v. State Of Punjab & ANR


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

 

 (O&M) Date of decision :22.12.2015 Anil Kumar ..... Petitioner

Versus

State of Punjab and another ........Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI

Present:

Ms.Rimple Saini, Advocate for Mr. Naveen Batra, Advocate for the petitioners. 



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**** AJAY TEWARI, J. (Oral) This is a petition for quashing of FIR.

On 16.10.2015 the following order was passed:- " 
 

 


 
 

 
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6 SUNITA NAGPAL 2015.12.24 10:21 I attest to the accuracy and authenticity y of this document Chandigarh

 

 (O&M) -2Thereafter, the report of the Judicial Magistrate 1st Class, Anandpur Sahib dated 02.11.2015 has been received whereby he had mentioned that the parties had appeared before him and had attested to the fact that a compromise had indeed taken place between them and that the compromise had been executed voluntarily and without any pressure. He has further reported that as per the report of concerned SHO no other case is pending between the parties. Learned DAG has accepted this fact.

The Hon'ble Supreme Court in Gian Singh v. State of Punjab and another reported as 2012(4) RCR(Criminal) 543 has discussed in detail the inherent powers of High Court in quashing a criminal proceeding or FIR or complaint where the parties have entered into compromise except the cases which involve offences such as murder, rape dacoity etc. as such offences are not private in nature and have serious impact on society.

In view of the above judicial pronouncement I am of the considered opinion that continuation of criminal proceedings between the parties would be an abuse of the process of law and the present compromise is for their benefit and will bring peace and harmony between them.

Consequently, this petition is allowed and the "#$
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 and all other proceedings arising therefrom are quashed qua the petitioner.

Since the main case has been decided, the pending Criminal Misc. Application, if any, also stands disposed of. (AJAY TEWARI) JUDGE December 22, 2015
 SUNITA NAGPAL 2015.12.24 10:21 I attest to the accuracy and authenticity y of this document Chandigarh