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Maninder Singh & Others vs State Of Punjab & Another on 6 July, 2018

Crl. Misc. M-18795 of 2018 -1-

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

Crl. Misc. M-18795 of 2018 (OM)
Date of Decision: 06.07.2018

Maninder Singh and others
…Petitioners

Versus

State of Punjab and another …Respondents

CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR

Present:- Mr. A.P. Singh, Advocate for
H.S. Sehgal, Advocate
for the petitioners.

Ms. Seena Mand, DAG, Punjab.

Mr. M.S. Tiwana, Advocate for
Mr. A.S. Sra, 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.96 dated 14.09.2017

registered under Sections 498A, 406, 323 of Indian Penal Code at Police

Station Gidderbaha, District Sri Muktsar Sahib (Annexure P/1) and all

subsequent proceedings arising therefrom in view of the compromise dated

28.02.2018 (Annexure P/2).

The FIR has been registered on the statement of complainant-

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

harassed and tortured the complainant-respondent No.2 for not bringing

enough dowry and also threatening to kill her. Now with the intervention

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Crl. Misc. M-18795 of 2018 -2-

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 has been received from

Sub Divisional Judicial Magistrate, Gidderbaha, 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, Punjab, on instructions

from the Investigating Officer 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. Learned counsel for the respondent No.2

also raised no objection to the quashing of the FIR in view of the

compromise.

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

prosecution would be an exercise in futility, as the chances of ultimate

conviction are bleak.

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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.96 dated

14.09.2017 registered under Sections 498A, 406, 323 of Indian Penal Code

at Police Station Gidderbaha, District Sri Muktsar Sahib and all subsequent

proceedings arising out of the same are quashed.

The petition stands disposed of.

July 06, 2018 (JAISHREE THAKUR)
seema JUDGE

Whether speaking/reasoned Yes/No
Whether reportable Yes/No

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