JUDGEMENT
-
(1.) The petitioners have approached this Court by way of
instant petition, under Section 482 of the Code of Criminal Procedure
(for short 'Cr.P.C.'), invoking its inherent jurisdiction for quashing of
FIR No.31 dated 31.07.2010 under Sections 294, 341, 355,427, 440,
452, 506 of the Indian Penal Code ('IPC' for short), registered at
Police Station Naya Gaon, District SAS Nagar(Mohali) and the
consequential proceedings arising therefrom, on the basis of
compromise (Annexure P-2).
Notice of motion was issued.
(2.) In compliance of the order dated 20.04.2012 passed by this
Court, the parties got their statements recorded before the learned
trial court. Consequently, report dated 04.05.2012 sent by the
learned Chief Judicial Magistrate, Mohali, has been received which is
available on record of the case alongwith the statements of the
parties. Learned Magistrate has reported that the parties have made
their statements voluntarily and without any pressure. The
compromise arrived at between the parties has been found to be a
genuine one.
(3.) Learned counsel for the petitioners submits that the parties
have decided to bury the hatchet and are living peacefully. Learned
counsel for the petitioners further submits that continuation of the
impugned FIR and subsequent criminal proceedings arising
therefrom, are liable to be quashed in the interest of justice.
Having heard the learned counsel for the parties and after
going through the record of the case, this Court is of the considered
opinion that it is a fit case for exercising the inherent jurisdiction of
this Court under Section 482 Cr.P.C., so as to secure the ends of
justice. I say so because the parties have arrived at an out of Court
settlement by way of compromise (Annexure P-2). The compromise
is without any pressure and a genuine one. In such a situation,
continuation of the prosecution would result in sheer abuse of
process of law.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.