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Kunal Singla & Ors vs State Of Punjab & Anr on 8 March, 2018

CRM M-2596-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(256)
CRM M-2596-2018
Decided on:March 08, 2018.

KUNAL SINGLA AND OTHERS
…. Petitioners
Versus

STATE OF PUNJAB ANOTHER
….. Respondents

CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR

Present : Mr. Yogesh Goel, Advocate
for the petitioners.

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. 92, dated 24.05.2017, under Section 406, 498A, 376, 342 and 511

of the Indian Penal Code, registered at Police Station Moga City,

District Moga, (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-Isha under the above said Sections.

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-Isha. However, now with the intervention of

respectable persons, the matrimonial dispute has been amicably settled

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CRM M-2596-2018 -2-

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 CJM,

Moga, vide report dated 05.02.2018 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

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

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CRM M-2596-2018 -3-

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. 92,

dated 24.05.2017, under Section 406, 498A, 376, 342 and 511 of the

Indian Penal Code, registered at Police Station Moga City, District

Moga, (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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