Crl. Misc. M-29359-2018 (OM) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Crl. Misc. M-29359-2018 (OM)
Date of Decision: 15.10.2018
Amaninder Singh and others
…Petitioners
Versus
State of Punjab and another
…Respondents
CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Gurmeet Singh, Advocate
for the petitioners.
Mr. R.S. Khaira, AAG, Punjab.
****
JAISHREE THAKUR, J. (Oral)
This petition has been filed under Section 482 of the Code of
Criminal Procedure seeking quashing of FIR No.001 dated 20.01.2014
registered under Sections 498A, 406 of Indian Penal Code at Women Police
Station Jagraon, District Ludhiana (Annexure P/1) and all subsequent
proceedings arising therefrom in view of the compromise dated 04.07.2018
(Annexure P/2).
Mr. Nirmaljeet Singh Sidhu, Advocate has appeared and filed
his memorandum of appearance on behalf of respondent No.2 and admits
the factum of compromise effected between the parties. He undertakes to
file his power of attorney.
The FIR has been registered on the statement of complainant-
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respondent No.2 on the allegations that the accused-petitioners had
harassed and tortured her in her matrimonial house for the demand of dowry
and also beaten her. Now with the intervention of respectable persons, the
matter has been amicably compromised between the parties and they have
resolved their disputes and differences.
Keeping in view the fact that the parties have entered into a
compromise, they were directed to appear before the trial court/Illaqa
Magistrate for getting their statements recorded in support of the
compromise. In pursuance of the direction, a report dated 17.09.2018 has
been received from Judicial Magistrate Ist Class at Jagraon fowarded
through District and Sessions Judge, Ludhiana, stating that the compromise
arrived at between the parties is without any pressure or coercion from any
one and the same is genuine one.
Learned Assistant Advocate General, Punjab, on instructions
from the Investigating Officer and learned counsel for the complainant-
respondent No.2 admit the factum of compromise and submit that in case
the parties have indeed settled their dispute, the State would have no
objection to the quashing of the FIR, in view of the law laid down by the
Hon’ble Supreme Court.
I have heard learned counsel for the parties and have 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
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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
been amicably settled and in view of the law laid down by the Hon’ble
Supreme Court in Narinder Singh and others vs. State of Punjab and
another, (2014) 6 SCC 466, this petition is allowed and FIR No.001 dated
20.01.2014 registered under Sections 498A, 406 of Indian Penal Code at
Women Police Station Jagraon, District Ludhiana and all subsequent
proceedings arising out of the same are quashed.
The petition stands disposed of.
October 15, 2018 (JAISHREE THAKUR)
seema JUDGE
Whether speaking/reasoned Yes
Whether reportable Yes/No
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