CRM-M-6085 of 2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-6085 of 2013 (O&M) Date of Decision : 13.05.2015 Shri [ENTITY] Petitioner Versus [ENTITY] and another Respondents CORAM: HON'BLE MR. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate for the petitioner. Ms. [ENTITY], AAG, Haryana. None for respondent no. 2. [ENTITY], J. (Oral)
The instant petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 469 dated 02.11.2012 for offences under [SECTION], [SECTION], [SECTION], [SECTION] and [SECTION] of Indian Penal Code ([ACT]), registered at Police Station Gannaur, District Sonepat and all subsequent proceedings arising therefrom.
The petition initially was admitted on 21.04.2014. The petitioner then moved [CASE NUMBER] that the parties have since compromised the matter and prayed for disposal of instant petition on the basis of said compromise. On 26.5.2014, a direction was issued to the trial Court for recording of statements of the parties and to report whether the compromise is voluntary. In terms of the said order, the parties did not appear before the trial Court on 09.6.2014 as directed by this Court.
As per report dated 21.03.2015 received from the trial Court, the parties appeared on 09.03.2015 and moved an application for composition of offences on the basis of compromise and their statements were also recorded. Trial Court has also sent copies of statements made by the parties. Trial Court has also reported that though the offences could be lawfully compounded in the Court of Magistrate but the quashing of FIR is pending before this Court. Trial Court also reported that compromise reached between the parties is voluntary.
No useful purpose would be served to continue with the proceedings before the trial Court in the instant FIR.
Following the principles laid down by the Full Bench judgment of this Court in [PRECEDENT] and approved by the Hon'ble Supreme Court in [PRECEDENT], this petition is allowed and FIR No. 469 dated 02.11.2012 for offences under [SECTION], [SECTION], [SECTION], [SECTION] and [SECTION] [ACT], Police Station Gannaur, District Sonepat and subsequent proceedings are quashed.
Needless to say that the parties shall remain bound by the terms and conditions of the compromise and the statements made by them.
May 13, 2015 ([ENTITY] ) jk JUDGE