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
State of Haryana and another
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)
Whether speaking/reasoned Yes
Whether reportable Yes/No
3 of 3
14-10-2018 01:29:07 :::