[CASE NUMBER] -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH [CASE NUMBER] (O&M) Date of decision: 09.04.2013 [ENTITY] and others Petitioners Versus [ENTITY] and another Respondents CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH Present: - Ms. [ENTITY], Advocate, for the petitioners. Ms. [ENTITY], Advocate, for respondent No.1. Mr. [ENTITY], AAG, Punjab. PARAMJEET SINGH, J. (ORAL)
This petition has been moved by the petitioners under Section 482 of the Code of Criminal Procedure, seeking quashing of case FIR No.51 dated 8.4.2012 registered under [SECTION] [ACT] and [SECTION] of the [ACT] at Police Station Goindwal Sahib, on the basis of compromise.
While issuing notice of motion on 11.3.2013, parties were directed to appear before the learned trial Court/Illaqua Magistrate on 25.3.2013 to record their respective statements with regard to compromise and learned trial Court/Illaqua Magistrate was directed to submit its report.
In pursuance of order dated 11.3.2013, learned Chief Judicial Magistrate, Tarn Taran, has submitted his report, which indicates that parties appeared before him and recorded their respective statements with regard to validity of compromise. As per the report, compromise [CASE NUMBER] arrived at between the parties is genuine and without any pressure or coercion from any corner. Now no dispute is pending between the parties.
Today, learned counsel for the complainant states that complainant would have no objection, if the present FIR along with consequential proceedings, arising out of it, are quashed.
Learned counsel for the State, after seeking instructions from the Investigating Officer, states that even the cancellation report has been submitted.
Consequently, in view of compromise 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 the judgment of Hon'ble Supreme Court in the case of [PRECEDENT], no useful purpose would be served in prolonging the litigation, especially when the parties being residents of the same area have resolved their differences and entered into amicable settlement so as to lead peaceful and harmonious life. Thus, 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) and [CASE NUMBER] [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 and 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. Rather, continuance of the criminal proceedings would unsettle the now settled life of the parties, which is not the purpose of criminal law.
Present petition is allowed. FIR No.51 dated 8.4.2012 registered under [SECTION] [ACT] and [SECTION] of the [ACT] at Police Station Goindwal Sahib, 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 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 April 09, 2013 R.S.