Kartar Singh vs State Of Haryana
2023 Latest Caselaw 479 P&H

242 IN THE HIGH COURT OF PUNJAB AND HARYANA
                           AT CHANDIGARH

                                        CRM-M-15837-2021
                                 Date of Decision: January 11, 2023

Kartar Singh                                        ........ Petitioner
                               Versus
State of Haryana                                    ......... Respondent

CORAM:      HON'BLE MR. JUSTICE HARKESH MANUJA

Present:    Mr.Manoj Tanwar, Advocate for petitioner.

            Mr. Vijesh Sharma, AAG, Haryana.

            Mr. Aruz Khan, Advocate for
            Mr. Sanwar Ali, Advocate for respondent No.2
                                  ****

HARKESH MANUJA, J. (ORAL)

By way of present petition under Section 482 Cr.P.C. the

petitioners pray for quashing FIR No.90, dated 30.10.2017 (P-1), under

Sections 420, 467, 468, 471 IPC registered at Police Station

Mohindergarh, District: Mohindergarh, Haryana along with all the

subsequent proceedings arising therefrom, on the basis of compromise

dated 24.03.2021 (P-2).

2. As per the allegations the petitioner had stolen the Matric

certificate belonging to his brother and misused the same for the purpose

of getting job with the Indian Army. To this, learned counsel for the

petitioner submits that the petitioner served the Indian Army for a period

of 24 years and there was no such complaint ever made against him at

any stage. He also submits that the certificates provided by the petitioner

at the time of his recruitment were duly got verified by the Army Officials.

3. Vide Order dated 09.04.2021, this Court directed the parties

to appear before Illaqa magistrate/trial Court for getting their statements

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recorded in terms of certain parameters mentioned therein, with regard

to the compromise dated 24.03.2021 (Annexure P-2) arrived at between

the parties.

4.. In terms of the order dated 09.04.2021 passed by this Court,

parties appeared before the Court of Munish Nagar, Addl. Civil Judge

(Sr. Divn.)-cum-Sub-Divisional Judicial Magistrate, Mohindergarh and as

per report dated 13.05.2021 submitted to this Court, both the parties got

recorded their respective statements in Court.

5 Perusal of the aforesaid report would show that the

compromise is genuine, voluntary and has been effected without any

threat, fear, inducement and pressure. As per the report, there is no

other accused except the present petitioners. In view of the compromise

there is a remote possibility of the complainant coming forward to

support the prosecution case. The powers under Section 482 Cr.PC can

be exercised in such like situation in order to prevent unnecessary

vagaries of criminal trial to be faced by the parties, when there are

remote chances of conviction of the accused. The compromise in

question is found to be fully in consonance with the direction issued by

the Court in Kulwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR

(Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4)

RCR (Crl.) 543.

6. Thus, in view of the aforesaid report of the learned Addl. Civil

Judge (Sr. Divn.)-cum-Sub-Divisional Judicial Magistrate, Mohindergarh

accompanied by statements of both the parties as well as keeping in

mind the law laid down in the aforementioned judgments, the FIR No.90,

dated 30.10.2017 (P-1), under Sections 420, 467, 468, 471 IPC

registered at Police Station Mohindergarh, District: Mohindergarh,

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Haryana and all consequential proceedings arising therefrom are hereby

quashed qua the petitioners herein subject to deposit of Cost of

Rs.10,000/- in the following account:-

Account name:- Punjab and Haryana high court

Association Lawyer's Welfare Fund

Account No:41564846387

Bank Name: S.B.I. Punjab and Haryana High Court Branch.

7. Petition stands disposed of.

11.01.2023                                     ( HARKESH MANUJA )
tejwinder                                            JUDGE


                  Whether speaking/reasoned              Yes/No
                     Whether Reportable                  Yes/No




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