High Court of Punjab and HaryanaCRM-M/38824/2016allowed

Ashish Jain And ORS v. State Of Haryana And ANR

2017-01-12Mr. Justice Fateh Deep Singh2 pages

CRM No.M-38824 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-38824 of 2016 Decided on: 12.01.2017 Ashish Jain and others ....Petitioners

Versus

State of Haryana and another ....Respondents CORAM: HON'BLE MRS JUSTICE REKHA MITTAL Present :

Mr. Nishant Raj Ghangas, Advocate for the petitioners.

Mr. Amrik Narwal, DAG, Haryana.

Mr. Tejinder Pal Singh, Advocate for respondent No.2.

REKHA MITTAL, J. (Oral) The petitioners have prayed for quashing of FIR No.285 dated 07.04.2011, for offence under Sections 498-A, 323, 406, 506, 34 of the Indian Penal Code (in short 'IPC') registered in Police Station Chandnibagh, District Panipat on the basis of compromise dated 12.10.2016 (Annexure P3) effected between the parties. In the present case, the FIR was registered at the instance of Varshika Jain @ Varshika Bansal daughter of Ramesh Chander Bansal. Now, dispute between the parties has been resolved by way of compromise (Annexure P3).

Vide order dated 03.11.2016, the parties were directed to appear before the trial Court to get their statements recorded with regard to genuineness of compromise.

Pursuant thereto, a report has been submitted by the Judicial Magistrate Ist Class, Panipat, wherein it has been reported that Mohd. Yakub 2017.01.13 14:40 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-38824 of 2016 statements of the parties have been recorded and that they have voluntarily compromised the matter.

Counsel for the State and respondent No.2 have not disputed that the parties i.e. petitioners and respondent No.2 (complainant) have arrived at a settlement with an intent to give burial to their differences.

Perusal of allegations in the FIR reveals that the present case squarely falls in the category of cases that can be quashed by the High Court, in exercise of its inherent power under Section 482 of the Code. Keeping in view authoritative enunciation of law laid down by Hon'ble the Supreme Court of India in "Gian Singh vs State of Punjab and another", 2012(4) R.C.R. (Criminal) 543 and in the light of facts and circumstances of the present case, this Court is of the considered opinion that continuation of criminal proceedings would amount to abuse of process of law and it is expedient in the interest of justice that criminal proceedings are put to an end.

In view of what has been discussed hereinabove, the petition is allowed and FIR No.285 dated 07.04.2011, for offence under Sections 498-A, 323, 406, 506, 34 IPC registered in Police Station Chandnibagh, District Panipat and proceedings emanating therefrom are ordered to be quashed, qua the petitioners. 12.01.2017 (REKHA MITTAL) yakub JUDGE Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2017.01.13 14:40 I attest to the accuracy and authenticity of this document Chandigarh