Shakti Singh & ORS v. State Of Haryana & ORS

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

Criminal Misc. No.M-38496 of 2016 .....

Date of decision:29.8.2017 Shakti Singh and others .....Petitioners v.

State of Haryana and others .....Respondents ....

Coram:

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

Present:

Mr. Devender Arya, Advocate for Mr. Saurabh Dalal, Advocate for the petitioners.

Mr. B.S. Virk, Deputy Advocate General, Haryana for the respondent-State.

Mr. Kamal Mor, 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.306 dated 4.4.2016 registered for the offences under Sections 120-B, 406, 418, 420, 427, 468 and 506 IPC at Police Station Jhajjar, District Jhajjar and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.1).

The FIR has been registered on the statement of complainantDharambir on the allegations that the accused-petitioners by hatching conspiracy have cheated him and respondents No.3 to 5. Now with the

Cr. Misc. No.M-38496 of 2016 [2] intervention of respectable persons, the matter has been amicably settled and compromise has been 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 Chief Judicial Magistrate, Jhajjar has sent report dated 20.12.2016 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 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 State counsel 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-38496 of 2016 [3] in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.306 dated 4.4.2016 registered for the offences under Sections 120-B, 406, 418, 420, 427, 468 and 506 IPC at Police Station Jhajjar, District Jhajjar and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners. August 29, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No