Crl[CASE NUMBER] (O & M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl[CASE NUMBER] (O & M) Date of decision: February 14, 2013. [ENTITY] & others Petitioners Versus [ENTITY] and others Respondents CORAM: HON'BLE MR. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate, for the petitioners. Mr. [ENTITY], Sr. DAG, Haryana. Mr. [ENTITY], Advocate, for the complainant. [ENTITY], J. (ORAL)
This petition has been moved by the petitioners under Section 482 of the [ACT], seeking quashing of case FIR No.177 dated 29.07.2010, registered at Police Station Sadar Ballabgarh, District Faridabad, under [SECTION] of the [ACT] and [SECTION] of [ACT], on the basis of compromise dated 22.10.2011 (Annexure P-2).
On 31.10.2011, notice of motion was issued and parties were directed to appear before the trial Court on 14.11.2011 to record their respective statements with regard to compromise and the trial Court was directed to submit its report.
In compliance of order dated 31.10.2011, trial Court has submitted its report vide letter dated 14.11.2011 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. Now no dispute is pending between the parties.
Learned counsel for the petitioners states that the trial is still pending till date and conviction has not been recorded by the Court.
Consequently, in view of compromise dated 22.10.2011 (Annexure P-2) and keeping in view the law laid down by the Hon'ble Apex Court in the case of [PRECEDENT], which has been affirmed by a Larger Bench of the Hon'ble Supreme Court in [PRECEDENT] decided on 24.9.2012, by the Full Bench judgment of this Court in the case of [PRECEDENT], 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]'s case (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 is appropriate that criminal case is put to an end.
The present petition is allowed. FIR No.177 dated 29.07.2010, registered at Police Station Sadar Ballabgarh, District Faridabad, under [SECTION] of the [ACT] and [SECTION] of [ACT], is hereby quashed on the basis of compromise dated 22.10.2011 (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 petitioners stand convicted in the present case, the order shall be treated non est and, thus, will have no bearing on the conviction and sentence order.
([ENTITY]) February 14, 2013 JUDGE parveen kumar