Janak Raj vs State of Haryana

Naresh Kumar Sanghi, J.—Prayer in this petition is for quashing of FIR No. 581, dated 30.12.2012, for the offences punishable under Sections 120-B, 406, 420 and 506, IPC, registered at Police Station, City, Jagadhri, District Yamuna Nagar, and all the consequential proceedings arising therefrom, on the basis of compromise.

Vide order dated 17.12.2013, this Court had directed the affected parties to appear before the learned trial Court for getting their respective statements recorded with regard to the compromise. The said Court was also directed to send the copies of the statements and the detailed report in that regard to this Court.

In compliance of the above, the affected parties, i.e. petitioners Janak Raj and Satvinder Singh as well as respondent No. 2-complainant Sanjeev Kumar did appear before the court below and got recorded their statements with regard to the compromise.

The report received from the learned Addl. Chief Judicial Magistrate, Yamuna Nagar at Jagadhri, reveals that both the private parties suffered their respective statements voluntarily and the same were without any pressure or coercion. It further reveals that the compromise was amicably effected.

Learned counsel for the petitioners submits that there was a dispute with regard to a transaction of Rs. 6,00,000/- and the said amount has been paid to respondent No. 2-complainant. Due to intervention of respectable and elderly people of the society, the matter had been sorted out. He further contends that in view of the compromise, continuation of the trial arising out of the impugned FIR would be sheer abuse of the process of law.

Learned counsel for the State on instructions from ASI Satish Kumar, Police Station, Yamuna Nagar, District Jagadhri, very fairly states that disputed amount of Rs. 6,00,000/- has been repaid to respondent No. 2-complainant by the petitioner. He has no objection if the impugned FIR and the consequential proceedings arising therefrom are quashed.

Learned counsel for respondents No. 2-complainant also admits the factum of compromise. He also admits that the disputed amount of Rs. 6,00,000/- has been repaid to respondent No. 2-complainant and he has no objection if the impugned FIR and the consequential proceedings arising therefrom are quashed.

I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.

The offence punishable u/s 420, IPC, is compoundable with the consent of the person cheated. Sanjeev Kumar complainant-respondent No. 2 has also suffered the statement before learned Court below with regard to the compromise. The copy of the same has been received and is available on record. The learned counsel for the parties are in unison with regard to the compromise effected between the private factions. In view of the fact that the private factions have arrived at a compromise, the continuation of the proceedings/trial of the present case would be sheer abuse of the process of law since chances of conviction and sentence of the petitioners are bleak.

In view of the above and taking into consideration, the ratio of the judgment delivered by Hon''ble the Supreme Court in the matter of Gian Singh Vs. State of Punjab and Another, this petition is accepted and FIR No. 581, dated 30.12.2012, for the offences punishable under Sections 120-B, 406, 420 and 506, IPC, registered at Police Station, City, Jagadhri, District Yamuna Nagar, and all the consequential proceedings arising therefrom are hereby quashed.