GURLAL CHAHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.447 dtd. 6/8/2020 registered under Ss. 406, 420, 384, 370 and 506 of the Indian Penal Code, 1860 and Sec. 24 of the Immigration Act at Police Station City Karnal, District Karnal (Annexure P-1) along with all subsequent proceedings arising therefrom on the basis of compromise dtd. 22/9/2020 (Annexure P-2).

(2.) Learned counsel for the petitioner submits that during the pendency of the investigation, the matter has been compromised between the parties vide compromise deed dtd. 22/9/2020. Although, the matter has been compromised between the parties, respondent No.2/complainant is not coming up to get the FIR quashed despite received the agreed amount. Vide order dtd. 12/11/2020 passed by this Court, the parties were directed to record their statements before the trial Court regarding factum of compromise, however, the respondent No.2-complainant also did not appear before the trial Court. Since the matter has already been compromised, the pendency of the present FIR is nothing but just an abuse of process of law. Therefore, the present FIR may be quashed qua the petitioner. In support of his arguments, learned counsel for the petitioner has placed reliance upon the judgment passed by Hon'ble Supreme Court in Criminal Appeal No.23 of 2005 (arising out of SLP (Crl.) No.2051 of 2004) titled as 'Mohd. Shamim Vs. Smt. Nahid Begum' decided on 7/1/2005 and judgments of this Court passed in Ram Lal and others Vs. State of Haryana and another : Law Finder Doc ID #143559; Nishan Singh Vs. State of Punjab and another : Law Finder Doc ID #1316381 and Krishan Singh and others Vs. State of Punjab and another: Law Finder Doc ID #1719062.

(3.) On the other hand, learned State counsel has opposed the present petition in terms of reply dtd. 28/3/2021 filed by of an affidavit of Sh.Rajesh Kumar, Addl. Superintendent of Police, Karnal in the Registry which is taken on record.