Punjab-Haryana High Court
Surender vs State Of Haryana on 6 September, 2022
CRR-4-2012 (O&M) -1-
226 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRR-4-2012 (O&M)
DECIDED ON: 6th SEPTEMBER, 2022
SURENDER
.... PETITIONER
VERSUS
STATE OF HARYANA AND ANOTHER
.... RESPONDENTS
CORAM:HON'BLE MR. JUSTICE SANDEEP MOUDGIL
Present: Mr. Ran Vijay Singh, Advocate
for the petitioner.
Mr. Surender Singh, AAG, Haryana.
Mr. Jasbir Singh Ahlawat, Advocate
for respondent No.2.
SANDEEP MOUDGIL J (ORAL)
Challenge in this revision petition is to the judgment dated
02.11.2011 passed by learned Additional Sessions Judge, Palwal whereby
judgment of conviction dated 28.09.2011 and order of sentence dated
01.10.2011 passed by learned Additional Chief Judicial Magistrate, Palwal
was upheld vide which petitioner has been sentenced to undergo RI for a
period of sixteen months for commission of offence punishable under
Section 138 of the Negotiable Instruments Act, 1881, besides to pay fine.
Custody certificate of the petitioner filed by the counsel for the
State is taken on record. According to the custody certificate, the
petitioner has undergone the total sentence of 06 months and 20 days
including remissions.
During the pendency of instant revision petition, with the
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CRR-4-2012 (O&M) -2-
consent of the parties the matter was referred to the Mediation and
Conciliation Centre functioning in this Court and the parties were directed
to appear before the Centre on 08.08.2022. Report of Mediator has been
received wherein it is stated that both the parties have settled their dispute
by way of an amicable settlement/agreement dated 06.07.2022.
The operative part of the settlement reads as under:-
"a) It is settled between both the parties that the amount of
Rs.1,50,000 (Rupees One Lac and Fifty Thousand only), which
was deposited by the first party in the Registry of this Hon'ble
High Court and the same amount has been duly received by the
second party.
b) Both the parties have agreed that an amount of
Rs.2,00,000/- (Rupees Two Lacs only) will be paid by the first
party to the second party as full and final payment towards the
settlement of the above above-said dispute pertaining to the
dishonour of the cheque between the parties, which the second
party has duly agreed and accepted the same as full and final
settlement to resolve the above-said dispute.
c) That it is agreed between both the parties that since
the first party being a poor villager will make the payment of the
aforesaid amount of Rs.2,00,000/- (Rupees Two Lacs only) by
way of two instalments to the second party, to which the second
party has duly agreed.
d) The first party in order to honour the above-said full
and final settlement regarding the present dispute, has brought a
demand draft dated 01.06.2022 bearing No.408721 drawn on
Sarv Haryana Gramin Bank, Allika, Palwal of the amount
Rs.90,000/- (Rupees Ninety Thousand only) to pay to the second
party and the same has been duly received by the second party
in the Mediation Centre today. The photo copy of the demand
draft dated 01.06.2022 is attached herewith.
e) The first party has agreed that the balance amount of
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CRR-4-2012 (O&M) -3-
Rs.1,10,000/- (Rupees One Lac and Ten Thousand only) will be
paid by the first party to the second party by way of demand
draft on 25.07.2022 in the Mediation & Conciliation Centre of
this Hon'ble High Court.
f) It has agreed between both the parties that with the
payment of the balance amount of Rs.1,10,000/- (Rupees One
Lac and Ten Thousand only) by the first party to the second
party, the aforesaid dispute between the parties with regard to
the dishonour of cheque will stand settled. The second party has
agreed that the second party will not approach any Court of
Law or any Authority to claim any further amount in this regard
after receiving the full and final payment of Rs.2,00,000/-
(Rupees Two Lacs only).
g) It has been mutually agreed between the parties that
the second party shall have no objection, in case the present
Criminal Revision Petition No. 4 of 2012 filed by the first party
is allowed by the Hon'ble High Court in view of the present
settlement/agreement. The second party undertakes to make a
statement/file an affidavit in the Hon'ble High Court, in case the
Hon"ble High Court directs the second party to do so.
h) The parties further undertake not to initiate or
institute any unwanted litigation against each other and their
family arising out of the matter in dispute. The parties further
undertake not to use any document etc. against each other which
have been left in their possession after this date of agreement or
used as an evidence against each other in any Court of Law.
i) As per knowledge of both the parties, there is no other
pending litigation between the parties qua the present dispute. It
has been further agreed between the parties that in case of
coming into knowledge that any petition or case filed by any of
the parties against other, the same shall be withdrawn by either
of the party who has filed it.
j) This compromise has been arrived at between the
parties without any pressure, undue influence or
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CRR-4-2012 (O&M) -4-
misrepresentation and both the parties have agreed to abide by
the terms and conditions of the agreement. Both the parties shall
be bound with the terms and conditions of this compromise."
Learned counsel for the parties have stated at the bar that matter
involved is financial in nature, which has now been amicably settled.
After having elaborately heard learned counsel for parties and
perusal of terms of settlement/agreement, this Court is satisfied that
compromise has been arrived at between the parties and after entering into
compromise, no dispute subsists between them.
Adverting to the facts of the case in hand, parties to the lis have
buried their hatchet though at a penultimate stage i.e. at appellate stage. In
case compromise is accepted, it would certainly create harmonious
relationship between the parties and would result into removal of bitterness
or ill-will existing between the parties since long. This Court is of
considered view that once a matter stands compromised between the
parties, no useful purpose would be served by continuing the proceedings
and to decide the matter between parties on merits. Rather, it would be
nothing but an abuse of process of law as well as wastage of time not only
of the Court but of the parties also.
As an upshot of afore-said discussion, instant petition is allowed
and judgments/orders rendered by Courts below are set aside and petitioner
stands acquitted of the charges against him.
(SANDEEP MOUDGIL)
th
6 SEPTEMBER, 2022 JUDGE
sham
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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