CRM M-43482-2017 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
Decided on:March 08, 2018.
GAURAV SHARMA ANOTHER
STATE OF PUNJAB ANOTHER
CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR
Present : Mr. S.K. Chaudhary, Advocate
for the petitioner.
Mr. A.S. Sandhu, Addl. Adovcate General, Punjab.
JAISHREE THAKUR, J. (Oral)
In this petition, the petitioner, who is an accused in F.I.R.
No. 34, dated 14.03.2015, under Section 498A of the Indian Penal
Code, registered at Police Station Division No.2, Pathankot District
Gurdaspur, (now Pathankot) (Annexure P-1) has prayed for quashing
of F.I.R. with all subsequent proceedings on the basis of compromise.
The aforesaid FIR was registered on the statement of
respondent No.2/complainant-Rashmi Sharma under the above said
The marriage of respondent No. 2 was solemnized with
petitioner No. 1 as per Hindu rites and rituals. However, due to
temperamental differences between the husband and wife, matrimonial
dispute arose and the aforesaid FIR has been registered on the statement of
complainant/respondent No.2-Rashmi Sharma. However, now with the
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CRM M-43482-2017 -2-
intervention of respectable persons, the matrimonial dispute has been
amicably settled between the parties and they have entered into a
Keeping in view the fact that the parties have entered into a
compromise, they were directed to appear before the Illaqa Magistrate
for getting their statements recorded in support of the compromise. In
pursuance of the direction, a report has been received from JMIC,
Pathankot, vide report dated 29.11.2017 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.
Learned Addl. Advocate General, Punjab, on instructions
from the Investigating Officer, and learned counsel for respondent
No.2 admit to 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
I have heard learned counsel for the rival parties and 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
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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 others vs. State of Punjab
another, (2014) 6 SCC 466, this petition is allowed and F.I.R. No. 34,
dated 14.03.2015, under Section 498A of the Indian Penal Code,
registered at Police Station Division No.2, Pathankot District
Gurdaspur, (now Pathankot) (Annexure P-1) and all subsequent
proceedings arising out of the same are quashed qua the petitioner.
The petition stands disposed of.
March 08,2018 (JAISHREE THAKUR)
tarun sahni JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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