CRM-M-42777 of 2013 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-42777 of 2013 Date of decision : 12.8.2014 [ENTITY] and others Petitioners Vs. [ENTITY] and another Respondents CORAM: Hon'ble Mr. Justice [ENTITY] Present:- Mr. [ENTITY], Advocate, for Mr. [ENTITY], Advocate, for the petitioners Mr. [ENTITY], Senior DAG, Haryana Mr. [ENTITY], Advocate, for respondent No.2 [ENTITY], J. (Oral)
This petition has been moved by the petitioners under [SECTION] of the [ACT], seeking quashing of case FIR No. 527 dated 5.7.2013, registered at Police Station Civil Lines, Karnal, under Sections [SECTION] of the [ACT], on the basis of compromise dated 5.12.2013 (Annexure P-2), alongwith all the subsequent proceedings arising thereof.
Vide order dated 31.3.2014 passed by a Coordinate Bench of this Court, parties were directed to appear before learned Matrimonial Court on 10.7.2014 to get their statements recorded with regard to compromise and learned Matrimonial Court was directed to send the report.
In compliance of the order dated 31.3.2014, learned Matrimonial Court has submitted the report vide letter dated 23.7.2014, 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 petitioners states that trial is still pending till date and conviction has not been recorded by the Court.
Consequently, in view of compromise dated 5.12.2013 (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 [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.
The present petition is allowed. FIR No. 527 dated 5.7.2013, registered at Police Station Civil Lines, Karnal, under Sections [SECTION] of the [ACT], is hereby quashed, on the basis of compromise dated 5.12.2013 (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 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]) Judge 12.8.2014 Ashwani