IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-27376 of 2012 (O & M) Date of decision: April 01, 2013. [ENTITY] Petitioner Versus [ENTITY] Respondent CORAM: HON'BLE MR. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate, for the petitioner. Mr. [ENTITY], Advocate, for U.T.Chandigarh. [ENTITY], J. (ORAL)
Allowed.
For detailed reasons see order of even date passed in [CASE NUMBER] titled '[PRECEDENT]'.
([ENTITY]) April 01, 2013 JUDGE parveen kumar
This petition has been moved by the petitioners under [SECTION] of the [ACT], seeking quashing of cross case rapat no.16 dated 01.12.2010 in case FIR No.53 dated 30.11.2010, registered at Police Station Jhander, District Amritsar, under [SECTION] of the [ACT] and [SECTION] of [ACT], along with all consequential proceedings arising from it, on the basis of compromise dated 23.02.2012 and affidavit dated 03.03.2012 (Annexures P-3 and P-4 respectively).
In cross-case, vide order dated 29.05.2012, notice of motion was issued and parties were directed to be present before the Illaqa Magistrate on 16.04.2012 or any other convenient date to the Court for recording their statements with regard to compromise and Illaqa Magistrate was directed to submit his report.
In compliance of order dated 29.03.2012, Sub Divisional Judicial Magistrate, Ajnala has submitted his report vide letter dated 01.05.2012 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 23.02.2012 and affidavit dated 03.03.2012 (Annexures P-3 and P-4 respectively) 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. Rapat no.16 dated 01.12.2010 in case FIR No.53 dated 30.11.2010, registered at Police Station Jhander, District Amritsar, under [SECTION] of the [ACT] and [SECTION] of [ACT], is hereby quashed on the basis of compromise dated 23.02.2012 and affidavit dated 03.03.2012 (Annexures P-3 and P-4 respectively), 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 18, 2013 JUDGE parveen kumar