-1- [CASE NUMBER] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] Date of decision: 06.08.2015 [ENTITY] and others Petitioner(s) Versus [ENTITY] and another Respondent(s) CORAM: HON'BLE MR. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate, for the petitioners. Mr. [ENTITY], DAG, Punjab. [ENTITY], J. (ORAL)
This petition has been moved by the petitioners under [SECTION] of the [ACT], seeking quashing of case FIR No.33 dated 01.03.2010, registered at Police Station Kapurthala City, District Kapurthala, under Sections [SECTION] of the [ACT], on the basis of compromise (Annexure P-2), alongwith all the subsequent proceedings arising therefrom.
Vide order dated 09.04.2015, notice of motion was issued and parties were directed to appear before trial Court/Illaqa Magistrate to get their statements recorded with regard to compromise and the trial Court/Illaqa Magistrate was directed to send the report. [CASE NUMBER] In compliance of order dated 09.04.2015, learned trial Court has submitted its report vide letter dated 31.07.2015 which indicates that parties appeared before it and got recorded their respective statements with regard to validity of compromise. As per the report, compromise arrived at between the parties is genuine and without any pressure or coercion from any corner. Learned counsel for the parties state that now, no dispute survives between the parties.
Consequently, in view of compromise (Annexure P-2) and keeping in view the law laid down by the Hon'ble Apex Court in the case of Madan Mohan Abbot vs. [ENTITY], 2008(2) RCR (Criminal) 429, [PRECEDENT] vs. [ENTITY] and another, 2012(4) R.C.R. (Criminal) 543, [ENTITY] and others vs. [ENTITY] and another, 2014(2) R.C.R.(Criminal) 482 and Full Bench judgment of this Court in the case of Kulwinder Singh and others vs. [ENTITY] and another, 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation, especially when this case does not fall within the category of exceptional cases where this Court should not exercise its inherent jurisdictional power to quash the criminal proceedings, as held in [PRECEDENT] (supra) and [ENTITY] and others (supra). In the facts and circumstances of this case, it would be unfair or contrary to the interest of justice to continue with the criminal proceedings or continuation of the criminal proceedings would amount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and to secure the ends of justice, therefore, it [CASE NUMBER] is appropriate that criminal case is put to an end.
The present petition is allowed. FIR No.33 dated 01.03.2010, registered at Police Station Kapurthala City, District Kapurthala, under Sections [SECTION] of the [ACT], is hereby quashed, on the basis of compromise (Annexure P-2) and all the criminal proceedings arising out of the said FIR also stand quashed.
It is, however, made clear that if the proceedings already stand concluded and conviction recorded in the present case, this order shall be treated non est and, thus, will have no bearing on the conviction and sentence order.
([ENTITY]) 06.08.2015 JUDGE parveen kumar