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