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Judgments of Supreme Court of India and High Courts

Rohit Kumar And Ors vs State Of Haryana And Anr on 17 July, 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-14706-2017
Date of decision: 17.07.2018

Rohit Kumar and others
…Petitioners
Versus

State of Haryana and another
…Respondents

*****

CORAM: HON’BLE MS. JUSTICE JAISHREE THAKUR

Present: Mr. Vaibhav Goel, Advocate, for
Mr. B.S.Randhawa, Advocate,
for the petitioner.

Mr. P. P. Chahar, DAG, Haryana.

Mr.Tarun Dhingra, Advocate,
for the complainant/respondent No.2.

****

JAISHREE THAKUR, J.(Oral)

This is a petition that has been filed under Section 482 Cr.P.C.

seeking quashing of FIR No.503 dated 18.10.2013 under Sections

498A/406/506 IPC registered at Police Station City Bahadurgarh, District

Jhajjar (Annexure P-1) alongwith consequential proceedings arising

therefrom on the basis of a compromise arrived at between the parties.

A marriage was solemnized between the petitioner and the

complainant/respondent No. 2 on 17.07.2013 according to Hindu rites and

ceremonies. No child was born out of this wedlock. However, due to

temperamental differences between the husband and wife, matrimonial

dispute arose and the aforesaid FIR has been registered against the

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CRM-M-14706-2017 -2-

petitioners, on the statement of complainant/respondent No. 2. 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.

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 report has been received from

Judicial Magistrate Ist Class, Bahadurgarh, 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.

Mr. P. P. Chahar, learned DAG, Haryana, 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

FIR, 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.

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

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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, FIR No.503 dated 18.10.2013

under Sections 498A/406/506 IPC registered at Police Station City

Bahadurgarh, District Jhajjar (Annexure P-1) and all subsequent

proceedings arising out of the same are quashed qua the petitioners.

The petition stands disposed of.

17.07.2018 (JAISHREE THAKUR)
Satyawan JUDGE

Whether speaking/reasoned No.
Whether reportable No.

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