-1- [CASE NUMBER] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] Date of decision: 03.09.2014 [ENTITY] and others Petitioner(s) Versus [ENTITY] and others Respondent(s) CORAM: HON'BLE MR. JUSTICE [ENTITY] Present: Mr. [ENTITY], Advocate, for the petitioners. Mr. [ENTITY], Addl. A. G. Haryana. Mr. [ENTITY], Advocate, for the complainant. [ENTITY], J. (ORAL)
This petition has been moved by the petitioners under [SECTION] of the [ACT], seeking quashing of case FIR No.316 dated 02.12.2013, registered at Police Station Bhattu Kalan, under [SECTION] of the [ACT], on the basis of compromise dated 07.01.2014 (Annexure P-3) and affidavit dated 19.12.2013 (Annexure P-4) of respondent no.-3[ENTITY], alongwith all the subsequent proceedings arising thereof.
Vide order dated 16.07.2014, parties were directed to appear before the trial Court on 04.08.2014 to get their statements recorded with [CASE NUMBER] regard to compromise and the trial Court was directed to send the report.
In compliance of order dated 16.07.2014, learned trial Court has submitted its report vide letter dated27.08.2014 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 parties state that the trial is still pending till date and conviction has not been recorded by the Court.
Consequently, in view of compromise dated 07.01.2014 (Annexure P-3) and affidavit dated 19.12.2013 (Annexure P-4) of respondent no.3-[ENTITY] and keeping in view the law laid down by the Hon'ble Apex Court in the case of [PRECEDENT], [PRECEDENT], [ENTITY] and others vs. State of Punjab and another, 2014(2) R.C.R.(Criminal) 482 and 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] (supra) and [ENTITY] and others (supra). In the facts and circumstances [CASE NUMBER] 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.316 dated 02.12.2013, registered at Police Station Bhattu Kalan, under [SECTION] of the [ACT] is hereby quashed, on the basis of compromise dated 07.01.2014 (Annexure P-3) and affidavit dated 19.12.2013 (Annexure P-4) of respondent no.3-[ENTITY] 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]) 03.09.2014 JUDGE parveen kumar