Papu Saini Alias Tek Chand v. State Of Haryana And ANR.

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 04.05.2015 Papu Saini ....Petitioner

Versus

State of Haryana and another ....Respondents CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH 1) Whether Reporters of the local papers may be allowed to see the judgment ?

2) To be referred to the Reporters or not ?

3) Whether the judgment should be reported in the Digest ? Present: - Mr. Navpreet Kohli, Advocate, for the petitioner. Mr. Anil Mehta, DAG, Haryana.

PARAMJEET SINGH, J. (ORAL) This petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, seeking quashing of case FIR No.438 dated 01.12.2014 registered under Sections 323/427/148/149/506 IPC at Police Station Ambala City, on the basis of compromise dated 04.12.2014 (Annexure P-2) between the parties. On 02.03.2015 parties were given liberty to appear before the trial Court/Illaqa Magistrate to get their statements recorded with regard to compromise/settlement and trial Court/Illaqa Magistrate was directed to send the report.

In pursuance of order dated 02.03.2015, learned Chief Judicial Magistrate, Ambala, has submitted his report dated 17.04.2015, which indicates that parties appeared before him and got recorded their

-2respective statements with regard to validity of compromise. As per the report, compromise arrived at between the parties is genuine and without any pressure or coercion from any corner. Learned counsel for the parties state that now no dispute survives between the parties. Consequently, in view of the compromise and keeping in view the law laid down by the Hon'ble Supreme Court in the case of Madan Mohan Abbot v. State of Punjab, 2008(2) RCR (Criminal) 429, Gian Singh v. State of Punjab and another, 2012(4) RCR (Criminal) 543, Narinder Singh and others v. State of Punjab and another, 2014(2) RCR (Criminal) 482 and Full Bench judgment of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another, 2007

(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation, especially when this case does not fall within the category of exceptional cases where this Court should not exercise its inherent jurisdictional power to quash the criminal proceedings, as held in Gian Singh's case (supra). In the facts and circumstances of this case it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of the criminal proceedings would amount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and to secure the ends of justice, therefore, it is appropriate that criminal case is put to an end. The present petition is allowed. FIR No.438 dated 01.12.2014 registered under Sections 323/427/148/149/506 IPC at Police Station Ambala City, along with all consequential proceedings arising out of it, on the basis of compromise, is quashed.

-3It is, however, made clear that if the proceedings already stand concluded and conviction recorded in the present case, this order shall be treated non est and, thus, will have no bearing on the conviction and sentence order.

(Paramjeet Singh) Judge May 04, 2015 R.S.