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Amaninder Singh And Ors vs State Of Punjab And Anr on 15 October, 2018

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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Crl. Misc. M-29359-2018 (OM) -2-

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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