Rajnikant Kaushik v. State Of Haryana And ORS
CRM-M No. 8743 of 2015 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CRM-M No. 8743 of 2015 (O&M) Date of decision :11.08.2015 Rajni Kant Kaushik ..... Petitioner
Versus
State of Haryana and another ........Respondents CRM-M No. 8744 of 2015 (O&M) Date of decision :11.08.2015 Hitesh Malhotra ..... Petitioner
Versus
State of Haryana and another ........Respondents CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
Present:
Mr.Narender Singh, Advocate for the petitioner/s. Mr.Chetan Sharma, AAG, Haryana.
**** AJAY TEWARI, J. (Oral) The aforesaid two petitions are for quashing of FIR on the basis of compromise. Since they both have arisen out of a common FIR, that is the reason the same are being disposed of by this common order. On 19.03.2015 the following order was passed in both the petitions:- "
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23 SUNITA NAGPAL 2015.08.14 16:53 I attest to the accuracy and authenticity y of this document Chandigarh
CRM-M No. 8743 of 2015 (O&M) Thereafter, the report of the Judicial Magistrate 1st Class, Gurgaon dated 27.04.2015 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 fear, coercion or pressure. Learned AAG has accepted this fact. 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 pronouncement 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, these petitions allowed and the %&' (
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Since the main case has been decided, the pending Criminal Misc. Application, if any, also stands disposed of. A photocopy of this order be placed on the file of the connected case.
(AJAY TEWARI) JUDGE August 11 , 2015 sunita SUNITA NAGPAL 2015.08.14 16:53 I attest to the accuracy and authenticity y of this document Chandigarh