CRM M-37857 of 2012 1 IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH CRM M-37857 of 2012 (O&M) Date of Decision: January 24, 2013 [ENTITY] Petitioner Versus [ENTITY] and another. Respondents CORAM: HON'BLE MR. JUSTICE [ENTITY] 1) Whether Reporters of the local papers may be allowed to see the judgment ?. 2) To be referred to the Reporters or not ?. 3) Whether the judgment should be reported in the Digest ? Present: Mr. [ENTITY], Advocate, for the petitioner. Mr. [ENTITY], Sr. DAG, Haryana. Mr. [ENTITY], Advocate, for respondent No.2 . [ENTITY], J. (Oral)
Present petition has been filed under [SECTION] [ACT] for quashing of FIR No. 90 dated 05.08.2010, under [SECTION] of the [ACT], registered at Police Station Ismailabad, District Kurukshetra, on the basis of compromise (Annexure P/1) and affidavit dated 22.11.2012 (Annexure P/2).
Learned counsel for the petitioner has relied upon a judgment of this Court in the matter of [PRECEDENT] to contend that there is no reasonable likelihood of the accused being convicted for the offence for the reason that the complainant has compromised the matter with the accused and he is not likely to support the prosecution and from other facts and circumstances available on the record, therefore, it would not be in the interest of justice to decline the prayer for quashing of the FIR on the ground that it would amount to be permitting the parties to compound non- compoundable offence.
Learned counsel for respondent No.2-complainant, who is present in Court today, states that the complainant would have no objection, if the present FIR along with consequential proceedings, arising out of it, are quashed.
Learned counsel for respondent no. 2 has also handed over an affidavit dated 22.11.2012 of the complainant to the above effect, which is taken on record.
Consequently, in view of compromise and affidavit (Annexure P/1 and P/2 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], Full Bench judgment of this Court in the case of [PRECEDENT], and judgment of this Court in [PRECEDENT]'s case (supra) 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 powers to quash the criminal proceedings, as held in [ENTITY] 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. 90 dated 05.08.2010, under [SECTION] of the [ACT], registered at Police Station Ismailabad, District Kurukshetra, is hereby quashed and all the criminal proceedings arising out of the said FIR also stand quashed.
January 24, 2013 [ [ENTITY] ] vkd Judge