Suraj @ Gollu v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-43678 of 2020 (O&M) Date of Decision: January 21, 2021 Suraj @ Gollu

...Petitioner

VERSUS

State of Haryana and others

...Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.Parminder Singh, Advocate, for the petitioner.

Ms.Harpreet Kaur, AAG, Haryana for the respondent-State.

Mr.Sukhdeep Singh, Advocate for respondents No.2 and 3.

**** ARCHANA PURI, J.

The matter has been taken up through video conferencing in the light of the COVID-19 pandemic.

The petitioner has invoked inherent jurisdiction of this Court by way of filing petition under Section 482 Cr.P.C., thereby making prayer for quashing of FIR No.754 dated 01.12.2020, under Sections 323, 34, 452 and 506 IPC, registered at Police Station Karnal City, District Karnal and all subsequent proceedings arising therefrom, on the basis of compromise. On 23.12.2020, notice of motion was issued and parties were directed to appear before the Illaqa Magistrate/Trial Court/Duty Magistrate

CRM No.M-43678 of 2020 -2and and get their statements recorded with regard to arrival of compromise between them. The Trial Court was directed to record the statements of all the concerned and send the report regarding genuineness of the compromise.

In compliance of the order dated 23.12.2020, learned Addl. Chief Judicial Magistrate, Karnal, has recorded the statements of the parties and submitted his report, the relevant para whereof reads as under:- "On the basis of statements of the parties, undersigned is of the view that compromise between petitioner/accused Suraj @ Gollu and respondents/complainants is genuine, valid, withtout any coercion and undue influence."

After hearing the learned counsel for the parties and also going through the record of the case, this Court is of the considered opinion that it is a fit case for exercising the inherent jurisdiction of this Court under Section 482 Cr.P.C., so as to secure the ends of justice, because the parties have arrived at an settlement, out of the Court, by way of compromise. The compromise, so reached between the parties is voluntarily made without any pressure or undue influence on the minds of any of the parties. Moreover, the parties are residents of same colony and thus, arrival of the compromise shall remove bitterness existing between them, on account of initiation of criminal proceedings and shall give quietus to the dispute between them. In view of the same, the continuation of the criminal proceedings would be futile exercise resulting in sheer abuse of the process of law.

To so conclude, reliance is placed upon "Kulwinder Singh and

CRM No.M-43678 of 2020 -3others Vs. State of Punjab and another", 2007(3) RCR (Criminal) 1052, upheld by Hon'ble Apex Court in "Gian Singh Vs. State of Punjab and others", (2012) 10 SCC 303.

Considering the aforesaid fact situation of the case, coupled with the reasons aforementioned and to secure the ends of justice, FIR No.754 dated 01.12.2020, under Sections 323, 34, 452 and 506 IPC, registered at Police Station Karnal City, District Karnal and all the consequential proceedings arising therefrom, are ordered to be quashed. Accordingly, the present petition stands allowed. (ARCHANA PURI) JUDGE January 21, 2021 Vgulati Whether speaking/reasoned Yes Whether reportable Yes/No