SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Naresh Kumar And Ors vs Ut Of Chandigarh And Anr on 21 August, 2018

Crl. Misc. M-2757-2018 (OM) -1-

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

Crl. Misc. M-2757-2018 (OM)
Date of Decision: 21.08.2018

Naresh Kumar and others

…Petitioner(s)

Versus

State of UT Chandigarh and another
…Respondent(s)

CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR

Present:- Mr. Sagar Aggarwal, Advocate
for the petitioner(s).

Mr. Anil Kumar Lamdharia, Addl. PP, UT, Chandigarh.

Ms. Malkeet Singh, 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. 101 dated 07.09.2017

registered under Sections 406, 498A of IPC at Women Police Station,

Chandigarh (Annexure P/1) and all subsequent proceedings arising

therefrom in view of the compromise (Annexure P/4).

The FIR has been registered on the statement of complainant-

respondent No.2, on the allegations that the accused-petitioners harassed

and tortured her for demand of dowry and subjected her to domestic

violence. Now with the intervention of the respective counsels and

respectable relatives, the matter has been amicably compromised between

the parties and they have resolved their disputes and differences.

1 of 3
26-08-2018 11:09:14 :::
Crl. Misc. M-2757-2018 (OM) -2-

Keeping in view the fact that the parties have entered into a

compromise, which is in the shape of an affidavit of complainant-

respondent No.2 (placed on the record as Annexure P/4) and the entire

settled amount of Rs.5,50,000/- has been paid to the complainant-

respondent No.2.

Learned Additional Public Prosecutor, UT Chandigarh, 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

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. 101 dated

07.09.2017 registered under Sections 406, 498A of IPC at Women Police

2 of 3
26-08-2018 11:09:14 :::
Crl. Misc. M-2757-2018 (OM) -3-

Station, Chandigarh (Annexure P/ 1) and all subsequent proceedings arising

out of the same are quashed qua the petitioners.

The petition stands disposed of.

August 21, 2018 (JAISHREE THAKUR)
seema JUDGE

Whether speaking/reasoned Yes
Whether reportable Yes/No

3 of 3
26-08-2018 11:09:14 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation