High CourtsSingle Bench

Sadhu Singh vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 14 July 2014 · Citation: (2014) 07 P&H CK 0079

HON’BLE JUDGES
Rajan Gupta, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 482 · Penal Code, 1860 (IPC) — Section 323, 406, 498A, 506
RESULT
Allowed
CASE NUMBER
Crl.Misc.M. No. 2368 of 2014
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Judgment

8 paragraphs · 299 words

Rajan Gupta, J.—Petitioners have filed this petition u/s 482 Cr.P.C. seeking quashing of F.I.R. No. 96 dated 18.7.2013 registered under Sections 406, 498A, 323 and 506 IPC at Police Station, Raipur Rani, District Panchkula and all the subsequent proceedings arising therefrom on the basis of compromise.

2.

Learned counsel for the parties submit that during the pendency of this petition a compromise has been arrived at between the parties and dispute has been amicably settled. Relying upon the judgment reported as Kulwinder Singh and Others Vs. State of Punjab and Another, learned counsel submit that in view of compromise, the impugned F.I.R. deserves to be quashed.

3.

Learned State counsel does not dispute the ratio of judgment in Kulwinder Singh''s case supra and submit that in case a compromise is arrived at between the parties the State shall not stand in the way of quashing of F.I.R.

4.

Heard

5.

It appears that on 22.1.2014 a direction was issued by this court to record the statements of the parties with regard to validity or otherwise of the compromise. A report has been received from the trial court. Operative part thereof reads thus:-

The perusal of the statements reveal that the compromise has been effected between them voluntarily, therefore, the compromise seems to be genuine.

6.

The compromise is in the interest of the parties and after the matter has been resolved by an amicable settlement, no useful purpose is likely to be served by continuance of the criminal proceedings. In view of above, the present FIR and the consequent proceedings arising therefrom deserve to be quashed in light of Full Bench judgment of this court in Kulwinder Singh''s case supra.

7.

Resultantly, the present petition is allowed. The F.I.R. in question and the subsequent proceedings arising therefrom are quashed.