291 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CRM-M-20961 of 2019
Date of Decision: 24.02.2020
Narinder Singh and others …. Petitioners
State of Punjab and another … Respondents
CORAM: HON’BLE MS. JUSTICE JAISHREE THAKUR
Present: Mr. Tanvir Singh Grewal, Advocate
for the petitioners.
Mr. Davinder Bir Singh, DAG, Punjab.
Mr. Kushagra Beniwal, 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 Complaint No. 10
dated 06.03.2013 registered under Sections 406, 506, 498A, 120B IPC
(Annexure P-1) in the Court of Judicial Magistrate First Class, Sunam and
all subsequent proceedings arising therefrom including the judgment of
conviction and order of sentence dated 23.07.2018 passed by Ld. Judicial
Magistrate First Class, Sunam, in view of the compromise dated 16.03.2019
The complaint has been registered on the statement of
complainant-on the allegations that the accused-petitioners demanded
dowry from the complainant, gave her beatings on several occasions and
also threatened to kill her. Now with the intervention 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
Judicial Magistrate First Class, Sunam (Sangrur), stating that the
compromise arrived at between the parties is without any pressure or
coercion from any one and the same is genuine one.
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CRM-M-20961 of 2019 -2-
Learned Deputy Advocate General, Punjab on instructions from
the Investigating Officer admits the factum of compromise and submits that
in case, the parties have indeed settled their dispute, the State would have
no objection to the quashing of the complaint, 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 Complaint No. 10
dated 06.03.2013 registered under Sections 406, 506, 498A, 120B IPC in
the Court of Judicial Magistrate First Class, Sunam and all subsequent
proceedings arising out of the same are quashed qua the petitioners-
Narinder Singh, Sahib Singh, Ramandeep Kaur, Harpal Singh and Harpreet
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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