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Judgments of Supreme Court of India and High Courts

Rajesh Sharma vs State Of Punjab And Anr on 13 July, 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

CRM-M-12081-2018
Date of decision: 13.07.2018

Rajesh Sharma
…Petitioner

Versus

State of Punjab and another
…Respondents

CORAM: HON’BLE MS. JUSTICE JAISHREE THAKUR

Present: Mr.V.S. Sengar, Advocate,
for the petitioner.

Mr. V.G. Jauhar, Sr. DAG, Punjab.

Mr. Vipin Mahajan, Advocate,
for respondent No.2.

****

JAISHREE THAKUR, J. (ORAL)

This petition has been filed by the petitioners under Section

482 of the Code of Criminal Procedure seeking quashing of complaint No.

129 dated 08.10.2010 under Sections 406/498A IPC registered at Police

Station Sadar District Gurdaspur, and summoning order dated 17.02.2011

(Annexure P-1) and all subsequent proceedings arising therefrom on the

basis of the compromise entered into between the parties.

The marriage of respondent No. 2 was solemnized with the

petitioner on 26.02.2009 according to Sikh rites and ceremonies at

Gurdaspur. Out of this wedlock one son was born. However, due to

temperamental differences between the husband and wife, matrimonial

dispute arose and the aforesaid complainant was filed by respondent No. 2,

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wherein the petitioner herein and other relatives were summoned. However,

now with the intervention of respectable persons, the matrimonial dispute

has been amicably settled between the parties and they have entered into a

compromise. Divorce has been granted to the petitioner under Section 13-B

of the Hindu Marriage Act by a decree of divorce dated 17.01.2018.

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

compromise, they were directed to appear before the Illaqa Magistrate for

getting their statements recorded in support of the compromise. In

pursuance of the direction, a common report in CRM-M-2004 of 2013

(filed on behalf of the other relatives) has been received from the Addl.

Chief Judicial Magistrate, Gujrdaspur, stating that the compromise arrived

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

the same appears to be genuine one.

Learned counsel for the petitioner submits at the Bar that in

terms of the compromise arrived at between the parties all proceedings

initiated by the complainant and her family members at Noida and

Allahabad stand withdrawn.

Mr. V.G. Jauhar, Sr. DAG, Punjab, on instructions from the

Investigating Officer, and learned counsel for respondent No. 2 admit to the

factum of compromise and submit that in case the parties have indeed

settled their dispute, they 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 rival parties and gone

through the record.

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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 others vs. State of Punjab another, (2014) 6

SCC 466, this petition is allowed, complaint No. 129 dated 08.10.2010

under Sections 406/498A IPC registered at Police Station Sadar District

Gurdaspur, and summoning order dated 17.02.2011 (Annexure P-1) and all

subsequent proceedings arising out of the same are quashed qua the

petitioner.

The petition stands disposed of.

13.07.2018 (JAISHREE THAKUR)
Satyawan JUDGE

Whether speaking/reasoned Yes.
Whether reportable No.

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