High CourtsSingle Bench(2000) 12 P&H CK 0098

Col. Shamsher Singh vs State of Haryana

Punjab And Haryana At Chandigarh · Decided on 14 December 2000 · Citation: (2001) 2 DMC 114 : (2001) 1 RCR(Criminal) 234

HON’BLE JUDGES
S.S. Nijjar, J
CASE NUMBER
Criminal Miscellaneous No. 46723 M of 2000

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Judgment

5 paragraphs · 319 words

S.S.Nijjar, J.—This petition u/s 482 Cr.P.C. seeks quashing of the FIRNo. 879 dated 25.12.1995, under Sections 406/498A of the Indian Penal Code, registered at Police Station, City Karnal and all subsequent proceedings arising therefrom, on the basis of a compromise which has been entered into between the parties. It is brought to the notice of the Court that the compromise has been arrived at after the petitioners have been convicted. However, it is submitted that the conviction notwithstanding, this Court has the powers u/s 482 Cr. P.C. to order the compounding of the offence. In support of this view, learned counsel cites Maltesli Chand and another v. State of Ra-jasthan 1990(3) R.C.R. 332 wherein the Hon''ble Supreme Court, in similar circumstances, has permitted the compounding of the offence. In that case, the petitioners had been prosecuted u/s 307 1PC and had been convicted by the trial Court. The matter was compromised whilst the appeal was pending.

2.

In view of the above, it would be necessary to examine the compromise between the parties. The parties are present in Court. The parties have been identified by their respective counsel. Smt. Sneh Kadan, who is present in Court, has stated that compromise has been entered into on her own will and that there is no coercion or undue influence. She further stated that she wants to put an end to the litigation.

3.

In view of the above, this petition is allowed. FIR No. 879 dated 25.12.1995, under Sections 406/498A IPC, registered at Police Station, City Kamal as well & the subsequent proceedings i.e. conviction of the petitioners, are hereby quashed. Consequently, appeal pending in the Court of Ms. Neelam Shangla, learned Additional Sessions Judge, Panipal, is also rendered infructuous. The petitioners are at liberty to make an application for the formal withdrawal of the appeal mentioned above on the basis of this order.

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4.

Petition allowed.