SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Gurmukh Singh And Anr vs State Of Haryana And Anr on 4 October, 2018

Crl. Misc. M-21426-2018 (OM) -1-

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

Crl. Misc. M-21426-2018 (OM)
Date of Decision: 04.10.2018

Gurmukh Singh and another
…Petitioner

Versus
State of Haryana and another
…Respondents

CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR

Present:- Mr. Deepak Kaushal, Advocate
for the petitioners.

Mr. P.P. Chahar, DAG, Haryana.

JAISHREE THAKUR, J. (Oral)

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

Criminal Procedure seeking quashing of FIR No.163 dated 01.06.2015

registered under Sections 498A, 323, 406, 420, 504, 34 of Indian Penal

Code at Police Station City Dabwali, District Sirsa (Annexure P/1) and all

subsequent proceedings arising therefrom in view of the compromise dated

01.05.2018 (Annexure P/2).

The FIR has been registered on the statement of complainant-

respondent No.2 on the allegations that the accused-petitioners had

harassed and tortured her in her matrimonial house for the demand of

dowry and also beaten her and also threatened to kill her and

misappropriated her Istridhan and also they cheated and committed fraud

with respondent No.2 by taking her signatures on the decree of divorce on

1 of 3
14-10-2018 01:29:06 :::
Crl. Misc. M-21426-2018 (OM) -2-

the pretext that those were necessary for going abroad by accused-petitioner

No. 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 dated 19.06.2018 has

been received from Sub Divisional Judicial Magistrate at Dabwali

forwarded through District and Sessions Judge, Sirsa, stating that the

compromise arrived at between the parties is without any pressure or

coercion from any one and the same is genuine one.

Learned Deputy 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

2 of 3
14-10-2018 01:29:07 :::
Crl. Misc. M-21426-2018 (OM) -3-

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.163 dated

01.06.2015 registered under Sections 498A, 323, 406, 420, 504, 34 of

Indian Penal Code at Police Station City Dabwali, District Sirsa and all

subsequent proceedings arising out of the same are quashed.

The petition stands disposed of.

October 04, 2018 (JAISHREE THAKUR)
seema JUDGE

Whether speaking/reasoned Yes
Whether reportable Yes/No

3 of 3
14-10-2018 01:29:07 :::

Leave a Reply

Your email address will not be published.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

Copyright © 2018 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…

Web Design BangladeshWeb Design BangladeshMymensingh