Hitesh And ANR. v. State Of Haryana And ANR.

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

Criminal Misc. No.M-44030 of 2015 .....

Date of decision:29.2.2016 Hitesh and another .....Petitioners v.

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

Coram:

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

Present:

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

None 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.442 dated 12.9.2015 (Annexure-P.1) registered for the offences under Sections 406, 420, 467, 468, 471 and 34 IPC at Police Station Thanesar Sadar, District Kurukshetra and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantPrem Lata Garg on the allegations that the accused-petitioners by hatching conspiracy have cheated her. Now with the intervention of respectable persons, the matter has been amicably settled and compromise has been

Cr. Misc. No.M-44030 of 2015 [2] 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 Additional Chief Judicial Magistrate, Kurukshetra has sent his report dated 20.2.2016 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 admits the factum of compromise and submits 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 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 in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this

Cr. Misc. No.M-44030 of 2015 [3] petition is allowed and FIR No.442 dated 12.9.2015 (Annexure-P.1) registered for the offences under Sections 406, 420, 467, 468, 471 and 34 IPC at Police Station Thanesar Sadar, District Kurukshetra and all subsequent proceedings arising out of the same are hereby quashed. February 29, 2016.

(Inderjit Singh) Judge *hsp*