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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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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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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