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Paramjit And Another vs State Of Punjab And Others on 16 March, 2020

CRM-M No.47081 of 2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M No.47081 of 2019
Date of Decision:16.03.2020

Paramjit and another …Petitioners

Versus

State of Punjab and others …Respondents

CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR

Present:- Mr. D.K. Bhatti, Advocate
for the petitioners.

Mr. Davinder Bir Singh, DAG, Punjab.

-.-

JAISHREE THAKUR, J. (ORAL)

1. This petition has been filed under Section 482 of the Code of

Criminal Procedure seeking quashing of FIR No.5 dated 23.01.2017

registered under Sections 406, 498A, 420, 120-B, 506 Indian Penal Code at

Police Station Women, District Police Commissionerate, Jalandhar

(Annexure P-1) and all subsequent proceedings arising therefrom in view of

the compromise dated 28.02.2019 (Annexure P-2 ).

2. The FIR has been registered on the statement of complainant-

respondent No.2 on the allegations of harassment on account of demand of

dowry. Now with the intervention of respectable persons, the matter has

been amicably compromised between the parties and they have resolved

their disputes and differences.

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

compromise, they were directed to appear before the trial court/Illaqa

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CRM-M No.47081 of 2019 -2-

Magistrate for getting their statements recorded in support of the

compromise. In pursuance of the direction, a report has been received from

Judicial Magistrate 1st Class, Jalandhar stating that the compromise arrived

at between the parties is without any pressure or coercion from any one and

the same is genuine one.

4. 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 FIR, in view of the law laid down by the

Hon’ble Supreme Court.

5. I have heard learned counsel for the parties and have gone

through the record.

6. 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.

7. 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.5 dated

23.01.2017 registered under Sections 406, 498A, 420, 120-B, 506 Indian

Penal Code at Police Station Women, District Police Commissionerate,

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CRM-M No.47081 of 2019 -3-

Jalandhar (Annexure P-1) and all subsequent proceedings arising out of the

same are quashed qua petitioners.

(JAISHREE THAKUR)
JUDGE
March 16, 2020
Pankaj*

Whether speaking/reasoned Yes/No

Whether reportable Yes/No

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