IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of decision: 17.07.2018
Rohit Kumar and others
State of Haryana and another
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
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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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
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
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)
Whether speaking/reasoned No.
Whether reportable No.
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