Saurabh Yadav v. State Of Haryana And ANR.

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

Criminal Misc. No.M-6633 of 2018 .....

Date of decision:16.4.2018 Saurabh Yadav .....Petitioner v.

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

Coram:

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

Present:

Mr. D.S. Matya, Advocate for the petitioner.

Mr. Vikramjit Singh, Additional Advocate General, Haryana for the respondent-State.

Ms. Priyavrat, Advocate for Mr. Navneet Kumar, Advocate 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.236 dated 21.4.2017 (Annexure-P.1) registered for the offences under Sections 328, 34, 420 and 506 IPC at Police Station Palam Vihar, District Gurugram and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2). The FIR has been registered on the statement of complainantPratap Yadav on the allegations that the accused-petitioner along with his accomplices by hatching conspiracy have cheated his 74 years old father by obtaining his signatures on documents of property. They also gave him

Cr. Misc. No.M-6633 of 2018 [2] poison in water and threatened him. Now with the intervention of respectable persons, the matter has been amicably settled and compromise has been 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 Judicial Magistrate Ist Class, Gurugram has sent report dated 4.4.2018 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 Additional Advocate General, Haryana, on instructions from the Investigating Officer and learned counsel for the complainantrespondent No.2 admit the factum of compromise and submit 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 parties as well as learned State counsel 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

Cr. Misc. No.M-6633 of 2018 [3] 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 petition is allowed and FIR No.236 dated 21.4.2017 (Annexure-P.1) registered for the offences under Sections 328, 34, 420 and 506 IPC at Police Station Palam Vihar, District Gurugram and all subsequent proceedings arising out of the same are hereby quashed qua the petitioner. April 16, 2018.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No