ASRU Vs. STATE OF HARYANA

JUDGEMENT

(1.) FIR No. 255 dated 19.09.2000 under Section 420, 120-B of the Indian Penal Code, Police Station Punhana, District Mewat was got registered by the complainant against the present petitioner. The trial Court convicted and sentenced the petitioner for an offence under Section 420, 120-B IPC to undergo imprisonment for three years and to pay fine of Rs.500/-vide judgement and order dated 07.11.2008/08.11.2008. The revision petition against the aforesaid judgement and order convicting and sentencing the present petitioner was dismissed by the lower Appellate Court vide judgement dated 03.02.2010.

(2.) THE present revision petition has been filed against the judgements and order of the trial Court and the lower appellate Court. During the pendency of the present revision petition, a compromise has been effected between the parties. THE compromise/affidavit (Annexure P1) has also been placed on record. A separate statement of the complainant has also been recorded.

(3.) THE Apex Court in the case of Dr. Arvind Barsaul etc. v. State of Madhya Pradesh and another, 2008(2) RCR (Criminal) 910 while quashing the FIR and all proceedings arising out of the same held that the continuation of criminal proceedings in view of the compromise would be an abuse of the process of law. In that case also, the petitioners were convicted under Section 498-A IPC and were sentenced to imprisonment of 18 months. An appeal was filed against the conviction order and during pendency of the appeal the parties had settled their differences. However, they filed petition before the High Court under Section 482 Cr.P.C. for quashing of the complainant as well as conviction order on account of the compromise. THE High Court dismissed the same. Aggrieved, they challenged the same before the Apex Court. THE Apex Court accepted the compromise and quashed the FIR and all the proceedings arising as well as order conviction.