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Judgments of Supreme Court of India and High Courts

Harinder Singh vs State Of Punjab And Anr on 18 September, 2018

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

274 CRM-M-35066-2017
Date of Decision: 18.09.2018

HARINDER SINGH
…Petitioner

Versus
STATE OF PUNJAB AND ANR

…Respondents

CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR

Present:- Mr. Gazi Mohd. Umair, Advocate
for the petitioner.

Mr. Randeep Singh, AAG Punjab.

Mr. D.S. Nigha, 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. 5 dated 08.01.2015,

registered under Sections 406 and 498A of the Indian Penal Code at Police

Station City Kharar District S.A.S. Nagar (Mohali) and all subsequent

proceedings arising therefrom in view of the compromise entered into

between the parties.

The aforesaid FIR was registered on the statement of

respondent No.2/complainant-Manjit Kaur under the said Sections.

The marriage of respondent No.2 was solemnized with

petitioner as per Sikh 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. However, now with the intervention of

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respectable persons, the matrimonial dispute has been amicably settled

between the parties and they have entered into a compromise.

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 Sub Divisional

Judicial Magistrate at Kharar, 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 Randeep Singh Assistant 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

Supreme Court.

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 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

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SCC 466, this petition is allowed and FIR No. 5 dated 08.01.2015,

registered under Sections 406 and 498A of the Indian Penal Code at Police

Station City Kharar District S.A.S. Nagar (Mohali) and all subsequent

proceedings arising out of the same are quashed qua the petitioner.

The petition stands disposed of.

(JAISHREE THAKUR)
18.09.2018 JUDGE
tarun

Whether speaking/reasoned Yes/No

Whether reportable Yes/No

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