Desh Pal and Others vs State of Haryana and Another

R.P. Nagrath, J.

CRM No. 12223 of 2014

Application is allowed as prayed for, charge sheet dated 12.06.2012 and 05.10.2012 are taken on record.

CRM stands disposed of.

CRM No. M-18597 of 2013

The instant petition has been filed u/s 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 353 dated 29.11.2006 for the offence under Sections 419, 420, 467, 468, 471, 120-B registered at Police Station, Sadar, Palwal, District Palwal (Annexure P-1) along with all consequent proceedings arising therefrom, on the basis of compromise dated 21.01.2013.

Report has been received from trial Court after recording statements of the parties on compromise. The trial Court has reported that compromise is voluntary and without any pressure or coercion. Trial Court has also sent original statements of parties recorded by it. The trial Court has jointly recorded the statements of respondents No. 2 and 3 and separately recorded the statement of respondent No. 4.

Learned counsel for the State on instructions from H.C. Akshay Kumar submits that FIR was registered on the statement of respondent No. 2-complainant and only other aggrieved persons are respondent No. 3 and 4. Petitioners are only accused in the instant FIR.

No useful purpose would be served in continuing with the proceedings in the case in view of the compromise arrived at between them.

In view of the statements and report of the trial Court and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and Others Vs. State of Punjab and Another, , approved by Hon''ble Apex Court in Gian Singh Vs. State of Punjab and Another, the instant petition is allowed and FIR No. 353 dated 29.11.2006 for the offence under Sections 419, 420, 467, 468, 471, 120-B registered at Police Station, Sadar, Palwal, District Palwal (Annexure P-1) along with consequential proceedings are quashed.

Needless to say that parties shall remain bound by the terms of compromise and their statements.