Dhanwant Singh And ANR v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-30968-2024 (O&M) Date of decision: 14.10.2024 Dhanwant Singh and another

...Petitioner(s)

Versus

State of Haryana and another

...Respondent(s)

CORAM:

HON'BLE MR.JUSTICE KARAMJIT SINGH

Present:

***** KARAMJIT SINGH , J. (Oral)

6.

I have heard learned counsel for the parties. 7.

Learned counsel for the petitioners and for respondent No.2 are ad idem that in view of the settlement effected between the parties, the present petition deserves to be accepted. It has also come on record that the aforesaid compromise is genuine and the parties effected the same without any undue influence or coercion.

8.

In Ramawatar v. State of Madhya Pradesh Criminal Appeal No.1393 of 2011 decided on 25.10.2021, Hon'ble Supreme Court quashed the FIR registered under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, on the basis of the compromise. Hon'ble Apex court while accepting the said compromise, observed that offence in question though covered under SC/ST Act is primarily private or civil in nature or where the alleged offence has not been committed on account of caste of the victim or where continuation of legal proceedings would be an abuse of the process of law, the Court can exercise its powers to quash the proceedings.

9.

In the case in hand, parties have resolved their dispute and respondent No.2 is not interested in prosecution of the FIR in question

against the petitioner. In these circumstances if the prosecution of the petitioner on the basis of FIR in question is kept pending, it will definitely amount to an abuse of the process of law.

10.

In view of above, nothing remains to be adjudicated further in the present case. Thus, continuation of the criminal proceedings between the parties would be a futile exercise and sheer wastage of time of the Court and thus, amount to abuse of process of law.

and all the subsequent proceedings are hereby quashed qua the petitioners Needless to mention that both the parties will abide by the terms and conditions of the compromise Annexure P-2 in letter and spirit. ( KARAMJIT SINGH ) JUDGE