IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Date of decision: 15.05.2018
Davinder Kumar and another
State of Punjab and another
CORAM: HON’BLE MS. JUSTICE JAISHREE THAKUR
Present: Mr. Salil Dev Singh Bali, Advocate,
for the petitioners.
Mr. A.S. Sandhu, Addl. A.G., Punjab.
JAISHREE THAKUR, J. (ORAL)
This is a petition that has been filed by the petitioners for
quashing of FIR No. 219 dated 04.08.2014 under Sections 498A and 406
IPC, registered at Police Station City Ferozepur, on the basis of a
compromise and all subsequent proceedings arising therefrom in view of the
compromise entered into between the parties.
Learned counsel for the petitioners contends that the matter
stands settled amicably. In fact, a petition under Section 13-B of the Hindu
Marriage Act has already been filed, in which joint statement has been
suffered that the complainant would have no objection in case FIR No. 219
dated 04.08.2014 under Sections 498A and 406 IPC, registered at Police
Station City Ferozepur, would be quashed.
Keeping in view the fact that the parties have compromised the
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matter, they were directed to appear before the trial Court for getting their
statements recorded in support of the compromise. In pursuance of the
direction, a report in has been received from the the Chief Judicial
Magistrate, Ferozepur 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.
Mr. A.S. Sandhu, learned Addl. A.G., Punjab, on instructions
from the Investigating Officer admits 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 Supreme Court.
I have heard learned counsel for the rival 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
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 Gian Singh Versus State of Punjab and another, 2012
(4) RCR (Cr.) 543, this petition is allowed and FIR No. 219 dated
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04.08.2014 under Sections 498A and 406 IPC, registered at Police Station
City Ferozepur, and all subsequent proceedings arising out of the same are
quashed qua the petitioners.
The petition stands disposed of.
15.05.2018 (JAISHREE THAKUR)
Whether speaking/reasoned Yes.
Whether reportable No.
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