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