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Ranjodh Singh And Ors vs State Of Punjab And Ors on 3 August, 2018

Crl. Misc. M-19804 of 2018 -1-

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH

Crl. Misc. M- 19804-2018 (OM)
Date of Decision: 03.08.2018.

Ranjodh Singh and others
…Petitioner(s)

Versus

State of Punjab and others …Respondent(s)

CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR

Present:- Mr. Gaurav Kalshi, Advocate
for the petitioner(s).

Ms. Seena Mand, DAG, Punjab

Mr. J.S. Dhaliwal, Advocate
for respondent Nos. 2 to 5.

JAISHREE THAKUR, J. (Oral)

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

Criminal Procedure seeking quashing of FIR No.31 dated 12.04.2017

registered under Sections 498A, 406, 506, 107, 116 of Indian Penal Code at

Police Station Valtoha, District Tarn Taran (Annexure P/1) and all

subsequent proceedings arising therefrom in view of the compromise dated

19.3.2018 (Annexure P/4).

The FIR has been registered on the statement of complainant-

Gurcharan Singh on the allegations that the accused-petitioners started

harassing the daughter of the complainant namely Kulbir Kaur in her

matrimonial house for not bringing Swift Car and her share in the land in

spite of giving enough dowry articles in the marriage. The accused-

petitioners also threatened the daughter of the complainant to kill her, if

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Crl. Misc. M-19804 of 2018 -2-

their demand is not fulfilled. Being fed up from the harassment by the

accused-petitioners the daughter of the complainant attempted to kill

herself.

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 dated 8.6.2018 has been

received from Judicial Magistrate First Class at Patti, 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, Punjab, 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

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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 FIR No.31 dated

12.04.2017 registered under Sections 498A, 406, 506, 107, 116 of Indian

Penal Code at Police Station Valtoha, District Tarn Taran and all

subsequent proceedings arising out of the same are quashed.

The petition stands disposed of.

August 03, 2018 (JAISHREE THAKUR)
seema JUDGE

Whether speaking/reasoned Yes
Whether reportable Yes/No

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