Rajender & Others v. State Of Haryana And Others

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

Criminal Misc. No.M-43754 of 2015 .....

Date of decision:6.5.2016 Rajender and others .....Petitioners v.

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

Coram:

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

Present:

Mr. Rohan Jain, Advocate for Mr. Sachin Mittal, Advocate for the petitioners.

Mr. D.R. Singla, Deputy Advocate General, Haryana for the respondent-State.

Mr. Sherry Goel, Advocate for complainant-respondents No.2 to 4.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.37 dated 18.6.2012 (Annexure-P.1) registered for the offences under Sections 323, 324, 452, 506 and 34 IPC at Police Station Rojkameo, District Mewat and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

The FIR has been registered on the statement of complainantSeema alias Meena on the allegations that the accused-petitioners attacked her, her brother and mother and inflicted injuries. Now with the intervention of respectable persons, the matter has been amicably compromised between

Cr. Misc. No.M-43754 of 2015 [2] 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 Additional Chief Judicial Magistrate, Mewat has sent her report dated 27.4.2016 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 the complainantrespondents No.2 to 4 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 petitioners as well as learned Deputy Advocate General, Haryana and learned counsel for complainant-respondents No.2 to 4 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.

Cr. Misc. No.M-43754 of 2015 [3] 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.37 dated 18.6.2012 (Annexure-P.1) registered for the offences under Sections 323, 324, 452, 506 and 34 IPC at Police Station Rojkameo, District Mewat and all subsequent proceedings arising out of the same are hereby quashed.

May 6, 2016.

(Inderjit Singh) Judge *hsp*