CRM M-2596-2018 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
Decided on:March 08, 2018.
KUNAL SINGLA AND OTHERS
STATE OF PUNJAB ANOTHER
CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR
Present : Mr. Yogesh Goel, Advocate
for the petitioners.
Mr. A.S. Sandhu, Addl. Adovcate General, Punjab.
JAISHREE THAKUR, J. (Oral)
In this petition, the petitioner, who is an accused in F.I.R.
of the Indian Penal Code, registered at Police Station Moga City,
District Moga, (Annexure P-1) has prayed for quashing of F.I.R. with
all subsequent proceedings on the basis of compromise.
The aforesaid FIR was registered on the statement of
respondent No.2/complainant-Isha under the above said Sections.
The marriage of respondent No. 2 was solemnized with
petitioner No. 1 as per Hindu rites and rituals. However, due to
temperamental differences between the husband and wife, matrimonial
dispute arose and the aforesaid FIR has been registered on the statement of
complainant/respondent No.2-Isha. However, now with the intervention of
respectable persons, the matrimonial dispute has been amicably settled
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between the parties and they have entered into a compromise.
Keeping in view the fact that the parties have entered into a
compromise, they were directed to appear before the Illaqa Magistrate
for getting their statements recorded in support of the compromise. In
pursuance of the direction, a report has been received from CJM,
Moga, vide report dated 05.02.2018 stating that the compromise
arrived at between the parties is without any pressure or coercion from
any one and the same appears to be genuine one.
Learned Addl. Advocate General, Punjab, on instructions
from the Investigating Officer, and learned counsel for respondent
No.2 admit to the factum of compromise and submit that in case the
parties have indeed settled their dispute, they would have no objection
to the quashing of the FIR, in view of the law laid down by the Hon’ble
I have heard learned counsel for the rival parties and gone
through the record.
In a decision, based on compromise, none of the parties is a
loser. Rather, a compromise not only brings peace and harmony
between the parties to a dispute, but also restores tranquility in the
society. After considering the nature of offences allegedly committed
and the fact that both the parties have amicably settled their dispute,
continuance of criminal prosecution would be an exercise in futility, as
the chances of ultimate conviction are bleak.
Consequently, keeping in view the fact that the dispute has
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been amicably settled and in view of the law laid down by the Hon’ble
Supreme Court in Narinder Singh others vs. State of Punjab
another, (2014) 6 SCC 466, this petition is allowed and F.I.R. No. 92,
Indian Penal Code, registered at Police Station Moga City, District
Moga, (Annexure P-1) and all subsequent proceedings arising out of
the same are quashed qua the petitioner.
The petition stands disposed of.
March 08,2018 (JAISHREE THAKUR)
tarun sahni JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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