Nirmla Devi and Others vs State of Haryana and another

Naresh Kumar Sanghi, J.—Complainant-respondent No.2-Rakesh Kumar had lodged FIR No.479 dated 02.12.2011, under Sections 406, 420, 467, 468, 471 and 120B, at Police Station, Gharaunda, District Karnal, against eight persons, out of whom, Sham Lal has since expired even before registration of the case. Out of the remaining seven accused, six persons have filed Criminal Misc. No.M-1041 of 2012 for quashing of the impugned FIR on the basis of compromise. While Puran Chand, the 7th accused, has filed a separate Criminal Misc. No.M-20567 of 2012 for quashing of the FIR on the basis of compromise. Since both the petitions have arisen out of the same FIR and the same prayer has been made, therefore, Criminal Misc. No.M-1041 of 2012 and Criminal Misc. No.M-2056 of 2012 are being disposed of by vide common order. Learned counsel for the State has filed reply in Criminal Misc. No.M-1041 of 2012 which is taken on record. Copy thereof is supplied to learned counsel opposite.

Learned counsel for the State as well as learned counsel for respondent No.2 accept notice in Criminal Misc. No.20567 of 2012 filed by Puran Chand-petitioner. Both the learned counsel for the respondents do not propose to file separate reply in Criminal Misc. No.M-20567 of 2012 and pray that the reply filed by the State in Criminal Misc. No.M-1041 of 2012 be read as a reply in this petition as well.

In both these petitions, the petitioners have prayed for quashing of FIR No.479 dated 02.12.2011, under Sections 406, 420, 467, 468, 471 and 120B, registered at Police Station Gharaunda, District Karnal,and all the subsequent proceedings arising therefrom, on the basis of compromise.

Vide order dated 11.01.2012, this Court had directed the parties to appear before the learned Chief Judicial Magistrate, Karnal, on 24.01.2012, for getting their statements recorded with regard to the compromise. The learned Chief Judicial Magistrate, Karnal, was also directed to send a status report in that regard.

In compliance thereof, all the petitioners except Puran Chand and Vijay did appear before the learned court below and got recorded their respective statements with regard to the compromise. The status report to that effect has also been received from learned Chief Judicial Magistrate, Karnal, and a perusal of the same reveals that the parties have amicably settled their scores and effected the compromise. Complainant-respondent No.2 Rakesh Kumar deposed before the court below that he had lodged the impugned FIR against the petitioners but due to intervention of the respectable of the locality, the misunderstanding between him and the petitioners had been settled down. He further deposed that he has no objection if the FIR against the petitioners is quashed and the petitioners/accused are discharged.

Learned counsel for the petitioners submits that the present FIR was registered on account of misunderstanding on the part of the complainant. He further submits that due to intervention of respectable and elderly people of the society, the misunderstanding has vanished and the private parties have effected a compromise. The disputed amount has been returned to the complainant-respondent No.2.

Learned counsel for respondent No.2 has filed an affidavit of Rakesh Kumar-complainant/respondent No.2 which is taken on record. He admits the factum of compromise with the petitioners and has no objection if the impugned FIR and the consequential proceedings arising therefrom, are quashed.

The reply filed by learned counsel for the State also reveals that the private parties have effected a compromise. Learned State counsel, on instructions from ASI Sultan Singh, admits the factum of compromise. Learned State counsel, after going through the statements and the status report, sent by learned Chief Judicial Magistrate, Karnal, submits that he has no objection if the impugned FIR and all the consequential proceedings arising therefrom, are quashed.

Heard.

The present controversy has arisen out of a dispute with regard to sending of respondent No.2 to some foreign country after charging the amount from him and due to intervention of the respectable and the family friends, the private parties have resolved their disputes and effected a compromise. The amount paid by the complainant to the petitioners has been returned to him. Since the matter has amicably been settled, the continuation of the trial would be a sheer abuse of the process of law. The chances of ultimate conviction of the petitioners are bleak in view of the compromise arrived at between the parties. Keeping in view the factum of compromise and the law laid down by a larger Bench of this Court in "Kulwinder Singh and Others Vs. State of Punjab and another", 2007(3) RCR (Criminal) 1052, the present petition is allowed and FIR No. 479 dated 02.12.2011, under Sections 406, 420, 467, 468, 471 and 120B, registered at Police Station Gharaunda, District Karnal, and the consequential proceedings arising therefrom are hereby quashed.