Crl. Misc. No. M-28356 of 2012 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-28356 of 2012 (O&M) Date of decision: May 22, 2013. [ENTITY] and others Petitioner(s) v. [ENTITY] and others Respondent(s) CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH Present: Shri [ENTITY], Advocate, for the petitioners. Shri [ENTITY], Deputy Advocate General, Punjab. Shri [ENTITY], Advocate for respondents No.2 and 3. [ENTITY], J. (Oral):
Present petition has been filed under [SECTION] [ACT] for quashing of FIR No.83 dated 10.8.2003, registered at Police Station Raikot, District Ludhiana under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] [ACT] along with consequential proceedings, arising out of it on the basis of compromise.
Learned Counsel for the petitioners states that the case is pending till date and no conviction has been recorded so far.
The complainant-respondent has sworn an affidavit Annexure P-2 in support of the compromise. In the affidavit, the complainant has admitted the factum of compromise.
Furthermore, this Court, vide order dated 23.4.2013 had directed the trial court to record the statements of the concerned parties with regard to the genuineness and validity or otherwise of the compromise (Annexure P-2). In deference thereto, the trial court vide its report No.188 dated 14.5.2013, transmitted through the District & Sessions Judge, Ludhiana, has vouchsafed about the genuineness of the compromise after recording the statements of all concerned parties.
Consequently, in view of the above 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, which has been affirmed by a Larger Bench of the Hon'ble Supreme Court in [PRECEDENT] vs. [ENTITY] and another, 2012(4) RCR (Crl.) 543, by the 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]'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.
Present petition is allowed. FIR No.83 dated 10.8.2003, registered at Police Station Raikot, District Ludhiana under [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION], [SECTION] [ACT] is hereby quashed 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 aforesaid FIR, this order shall be treated as non-est and will have no bearing on order of conviction and sentence passed therein.
[ [ENTITY] ] May 22, 2013. Judge kadyan