Balwan & ORS v. State Of Haryana & ANR

CRM No.M-6949 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-6949 of 2017 Decided on: 31.05.2017 Balwan and others ....Petitioners

Versus

State of Haryana and another ....Respondents CORAM: HON'BLE MRS JUSTICE REKHA MITTAL Present :

Mr. Chanderhas Yadav, Advocate for the petitioners. Mr. Amrik Narwal, DAG, Haryana.

Ms. Nimarta, Advocate for Mr. Harjit Yadav, Advocate for respondent No.2. REKHA MITTAL, J. (Oral) The petitioners have prayed for quashing of FIR No.624 dated 12.11.2013, for offence under Sections 406 and 498-A of the Indian Penal Code (in short 'IPC') registered in Police Station Sector 10, Gurgaon on the basis of compromise dated 18.02.2017 (Annexure P2) effected between the parties.

In the present case, the FIR was registered at the instance of Sunita daughter of Sh. Bishamber Dayal. Now, dispute between the parties has been resolved by way of compromise (Annexure P2). The parties were directed to appear before the Illaqa Magistrate/trial Court on 06.04.2017 to get their statements recorded with regard to genuineness of compromise.

A report has been submitted by the Judicial Magistrate Ist Class, Gurugram, wherein it has been reported that statements of the petitioners and respondent No.2 have been recorded and statements made by the parties in the Court reveal that they have voluntarily Mohd. Yakub 2017.06.07 12:10 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-6949 of 2017 entered into a compromise with an intention to live in peace and harmony.

Counsel for the State assisted by counsel for respondent No.2 has not disputed that the parties have arrived at a settlement with an intent to give burial to their differences. I have heard counsel for the parties and perused the case file.

Perusal of allegations in the FIR reveals that the present case squarely falls in the category of cases that can be quashed by the High Court, in exercise of its inherent power under Section 482 of the Code. Keeping in view authoritative enunciation of law laid down by Hon'ble the Supreme Court of India in "Gian Singh vs State of Punjab and another", 2012(4) R.C.R. (Criminal) 543 and in the light of facts and circumstances of the present case, this Court is of the considered opinion that continuation of criminal proceedings would amount to abuse of process of law and it is expedient in the interest of justice that criminal proceedings are put to an end.

In view of what has been discussed hereinabove, the petition is allowed and FIR No.624 dated 12.11.2013, for offence under Sections 406 and 498-A IPC registered in Police Station Sector 10, Gurgaon and proceedings emanating therefrom are ordered to be quashed qua the petitioners.

31.05.2017 (REKHA MITTAL) yakub JUDGE Whether speaking/reasoned Yes/No Whether reportable:

Yes/No Mohd. Yakub 2017.06.07 12:10 I attest to the accuracy and authenticity of this document Chandigarh