Allowed

Davinder Kumar and Ors. v. State of Haryana and Anr.

Punjab & Haryana HC10 Mar 2015CRM-M/29938/2014

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana allowed a petition under Section 482 CrPC to quash an FIR registered for offences including Section 498-A IPC. Relying on a valid compromise verified by the trial court and relevant Supreme Court precedents, the Court held that continuing proceedings would be an abuse of process and contrary to justice.

What did the court decide?

FIR No.155 dated 30.04.2014 registered under Sections 323/354-A/498-A/406 IPC at Police Station Sector 7, Faridabad, along with all consequential proceedings, is quashed.

Davinder Kumar and Ors. Vs State of Haryana and Anr. — Quashing and FIR | Punjab & Haryana HC (2015)

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Crl. Misc. No. M-29938 of 2014

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M-29938 of 2014 Date of decision: 10.03.2015

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Davinder Kumar Nanda and others

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....Petitioners

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Versus

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State of Haryana and another

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....Respondents

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CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH

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1. Whether Reporters of the local papers may be allowed to see the judgment ?

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1. To be referred to the Reporters or not ?

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1. Whether the judgment should be reported in the Digest ?

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Present: - Mr. Chanchal K. Singla, Advocate, for the petitioners. Mr. Rajesh Gaur, DAG, Haryana.

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PARAMJEET SINGH, J. (ORAL)

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This petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, seeking quashing of case FIR No.155 dated 30.04.2014 registered under Sections 323/354-A/498A/406/34 IPC at Police Station Sector 7, Faridabad, along with all the subsequent proceedings arising therefrom, on the basis of compromise (Annexure P-2) between the parties.

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On 01.09.2014 notice of motion was issued and parties were directed to appear before the trial Court to get their statements recorded with regard to compromise/settlement and trial Court was directed to send the report.

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RAVINDER SINGH 2015.03.14 11:58 I attest to the accuracy and authenticity of this document

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Crl. Misc. No. M-29938 of 2014

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In pursuance of the order of this Court, learned Judicial Magistrate Ist Class, Faridabad, has submitted her report, which indicates that parties appeared before the learned Magistrate and got recorded their respective statements with regard to validity of compromise. As per the report, compromise arrived at between the parties is genuine and without any pressure or coercion from any corner. Now no dispute survives between the parties.

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Consequently, in view of the compromise Annexure P-2 and keeping in view the law laid down by the Hon'ble Supreme Court in the case of Madan Mohan Abbot v. State of Punjab, 2008(2) RCR (Criminal) 429 , Gian Singh v. State of Punjab and another, 2012(4) RCR (Criminal) 543 , Narinder Singh and others v. State of Punjab and another, 2014(2) RCR (Criminal) 482 and Full Bench judgment of this Court in the case of Kulwinder Singh and others vs. State of Punjab and another, 2007(3) RCR (Crl.) 1052, no useful purpose would be served in prolonging the litigation, especially when 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 Gian Singh'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 or continuation of the criminal proceedings would amount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and to

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RAVINDER SINGH 2015.03.14 11:58 I attest to the accuracy and authenticity of this document

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Crl. Misc. No. M-29938 of 2014

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secure the ends of justice, therefore, it is appropriate that criminal case is put to an end.

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The present petition is allowed. FIR No.155 dated 30.04.2014 registered under Sections 323/354-A/498-A/406/34 IPC at Police Station Sector 7, Faridabad, along with all consequential proceedings arising out of it, on the basis of compromise, is quashed.

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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.

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(Paramjeet Singh) Judge

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March 10, 2015 R.S.

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RAVINDER SINGH 2015.03.14 11:58 I attest to the accuracy and authenticity of this document

Davinder Kumar and Ors. v. State of Haryana and Anr.

Case brief

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Davinder Kumar and Ors. v. State of Haryana and Anr.

Case brief

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