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Dinesh And Another vs State Of Haryana And Another on 6 February, 2020

Crl. Misc. M-39112 of 2019 -1-

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH

Crl. Misc. M-39112 of 2019
Date of Decision: 06.02.2020

Dinesh and another …Petitioner(s)

Versus
State of Haryana and another …Respondent(s)

CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR

Present:- Mr.Sushil Sheoran, Advocate for the petitioners.
Mr.Mahima Yashpal, Asstt. A.G. Haryana.
Mr.Sumit Sangwan, Advocate for respondent No.2.

JAISHREE THAKUR, J. (Oral)

This petition has been filed under Section 482 of the Code of

Criminal Procedure seeking quashing of FIR No.202 dated 19.09.2016

registered under Sections 406/498-A/34 of Indian Penal Code at Police

Station Badhra, District Bhiwani (Annexure P/1) and all subsequent

proceedings arising therefrom in view of the compromise.

The FIR has been registered on the statement of complainant-

on the allegations that the accused-petitioners. 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 has been received from

Judicial Magistrate First Class at Charkhi Dadri, stating that the

compromise arrived at between the parties is without any pressure or

coercion from any one and the same is genuine one.

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08-02-2020 00:43:34 :::
Crl. Misc. M-39112 of 2019 -2-

Learned Asstt. Advocate General, Haryana, 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

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.202 dated

19.09.2016 registered under Sections 406/498A/34 of Indian Panel Code

at Police Station Badhra, District Bhiwani and all subsequent proceedings

arising out of the same are quashed.

06.02.2020 (JAISHREE THAKUR)
raman JUDGE

Whether speaking/reasoned Yes/No
Whether reportable Yes/No

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08-02-2020 00:43:34 :::

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