SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Davinder Kumar And Anr vs State Of Punjab And Anr on 15 May, 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M-13655-2018 (OM)
Date of decision: 15.05.2018

Davinder Kumar and another
…Petitioners
Versus

State of Punjab and another
…Respondents

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

1 of 3
20-05-2018 11:52:02 :::
CRM-M-13655-2018 -2-

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

2 of 3
20-05-2018 11:52:03 :::
CRM-M-13655-2018 -3-

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)
Satyawan JUDGE

Whether speaking/reasoned Yes.
Whether reportable No.

3 of 3
20-05-2018 11:52:03 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation