Jatin Mehta v. State Of Punjab And ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Date of decision :28.11.2015 Jatin Mehta ..... Petitioner
Versus
State of Punjab and others ........Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
Present:
Mrs.G.K.Mann, Advocate for the petitioners.
.
Ms.Pushpinder Kaur, Advocate for respondents No. 2 and 3. **** AJAY TEWARI, J. (Oral) This is a petition for quashing of FIR on the basis of compromise qua the petitioner only though there were other accused also .
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Thereafter, the report of the Judicial Magistrate 1st Class, Amritsar dated 04.04.2015 has been received whereby she had mentioned that the parties had appeared before her and had attested to the fact that a compromise had indeed taken place between them and that the compromise had been executed voluntarily and without any pressure. Learned Addl.AG has accepted this fact but has argued that this is a partial compromise and there is one more accused named Makhan who has not been made a party. To controvert this argument learned counsel for the petitioner has placed reliance on Parambir Singh Gill v. Malkiat Kaur reported as 2010(1) RCR(Criminal) 256 to canvass that even qua some of the accused FIR can be quashed on the basis of compromise.
The Hon'ble Supreme Court in Gian Singh v. State of Punjab and another reported as 2012(4) RCR(Criminal) 543 has discussed in detail the inherent powers of High Court in quashing a criminal proceeding or FIR or complaint where the parties have entered into compromise except the cases which involve offences such as murder, rape, dacoity etc. as such offences are not private in nature and have serious impact on society.
In view of the above judicial pronouncements I am of the considered opinion that continuation of criminal proceedings between the parties would be an abuse of the process of law and the present compromise is for their benefit and will bring peace and harmony between them.
Consequently, this petition is allowed and the '() * +
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and all other proceedings arising therefrom are quashed qua the petitioner. Since the main case has been decided, the pending Criminal Misc. Application, if any, also stands disposed of. (AJAY TEWARI) JUDGE November 28 , 2015