Rajesh Saini Vs State of Haryana

Harinder Singh Sidhu, J.@mdashThis petition u/s 482 of the Code of Criminal Procedure has been filed for quashing of FIR No. 3 dated 04.01.2008, registered under Sections 406 and 498-A and 506 read with section 34 of the Indian Penal Code (for short ''the IPC''), at Police Station NIT, Faridabad, and all consequential proceedings arising therefrom, on the basis of compromise dated 30.11.2013(Annexure P-3) arrived at between the parties.

2. Vide order dated 19.12.2013, the parties were directed to appear before the learned trial Court on 07.01.2014, for getting their statements recorded. The trial Court was also directed to send the report alongwith copies of statements.

3. In compliance thereof, report of learned Judicial Magistrate Ist Class, Faridabad has been received wherein it is reported that the compromise has been arrived at between the parties. It has also been reported that statements of the parties have been recorded voluntarily and the same are without any pressure or coercion.

4. The Counsel for the petitioners has submitted that the parties have amicably settled the matter, on the basis of the Compromise. He has further submitted that after the said compromise, no dispute subsists between the parties. He has further submitted that, with a view to prevent the abuse of process of Court, and in the interest of justice, the FIR aforesaid, be quashed. He also placed reliance on Kulwinder Singh and Others Vs. State of Punjab and Another, , a judgment delivered by a Full Bench of this Court.

5. Keeping in view the ratio of law, laid down, in Kulwinder Singh''s case (supra), and applying the same to the facts and circumstances of the instant case, in my considered opinion, once the matter has been compromised, by the parties, no useful purpose, shall be served by proceeding with the prosecution.

6. For the reasons recorded above, the instant petition, u/s 482 of the Code of Criminal Procedure Code, is allowed. FIR No. 3 dated 04.01.2008, registered under Sections 406 and 498-A and 506 read with section 34 IPC, at Police Station NIT, Faridabad, and the subsequent proceedings arising therefrom, are quashed, qua the petitioners.