Crl. Misc. M-32917-2018 (OM) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Crl. Misc. M-32917-2018 (OM)
Date of Decision: 26.09.2018
State of Haryana and another
CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Amandeep Singh, Advocate for
Mr. Karan Dev Sharma, Advocate
for the petitioner.
Mr. P.P. Chahar, DAG, Haryana.
JAISHREE THAKUR, J. (Oral)
This petition has been filed under Section 482 of the Code of
Criminal Procedure seeking quashing of FIR No.443 dated 30.05.2015
registered under Sections 323, 406, 498A and 506 of Indian Penal Code at
Police Station Civil Lines, District Hisar (Annexure P/1) and all subsequent
proceedings arising therefrom in view of the compromise dated 22.01.2018
The FIR has been registered on the statement of complainant-
respondent No.2 on the allegations that the accused-petitioners had
harassed and tortured her for not bringing enough dowry and also beaten her
in her matrimonial house and also gave threats to kill her. Now with the
intervention of respectable persons, the matter has been amicably
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compromised between the parties and they have resolved their disputes and
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 dated 30.08.2018 has
been received from Judicial Magistrate Ist Class at Hisar forwarded by the
District and Sessions Judge, Hisar on 31.08.2018, 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, Haryana, 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.
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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.443 dated
30.05.2015 registered under Sections 323, 406, 498A and 506 of Indian
Penal Code at Police Station Civil Lines, District Hisar and all subsequent
proceedings arising out of the same are quashed.
The petition stands disposed of.
September 26, 2018 (JAISHREE THAKUR)
Whether speaking/reasoned Yes
Whether reportable Yes/No
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