Tikaya Ram And ORS v. State Of Haryana And ORS

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

Criminal Misc. No.M-38669 of 2017 .....

Date of decision:14.11.2017 Tikaya Ram and others .....Petitioners v.

State of Haryana and another .....Respondents ....

Coram:

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

Present:

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

Mr. Shivam Jindal, Advocate for complainant-respondent No.2. .....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.269 dated 15.10.2010 (Annexure-P.1) registered for the offences under Sections 148, 149, 384, 423, 341, 447, 506 and 120-B IPC at Police Station Ferozepur Jhirka, District Mewat at Nuh and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

The FIR has been registered on the statement of complainantVed Parkash Mangla on the allegations that the accused-petitioners by hatching conspiracy in connivance with each other and with common intention on the basis of weapons forcibly tried to enter into the possession

Cr. Misc. No.M-38669 of 2017 [2] of his land and gave beating to him. Thereafter, they threatened him with weapons and got his signatures on blank papers. They in connivance with each other got prepared forged documents in connection with his land and after that they used force to forcibly occupy his land. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved their disputes and differences.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Sub Divisional Judicial Magistrate, Ferozepur Jhirka, Distt. Mewat at Nuh has sent report dated 9.11.2017 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 the 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

Cr. Misc. No.M-38669 of 2017 [3] 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 in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.269 dated 15.10.2010 (Annexure-P.1) registered for the offences under Sections 148, 149, 384, 423, 341, 447, 506 and 120-B IPC at Police Station Ferozepur Jhirka, District Mewat at Nuh and all subsequent proceedings arising out of the same are hereby quashed qua the petitioners.

November 14, 2017.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No