SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sachin Vaid And Ors vs State Of Haryana And Anr on 8 March, 2018

CRM M-2629-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(241)
CRM M-2629-2017
Decided on:March 08, 2018.

SACHIN VAID AND OTHERS
…. Petitioners
Versus

STATE OF HARYANA ANOTHER
….. Respondents

CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR

Present : Mr. Sanchit Punika, Advocate
for the petitioners.

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

JAISHREE THAKUR, J. (Oral)

In this petition, the petitioner, who is an accused in F.I.R.

No. 320, dated 05.09.2013, under Section 323, 406, 498A and 506 of

the Indian Penal Code, registered at Police Station Farakpur, District

Yamunanagar, (Annexure P-1) has prayed for quashing of F.I.R. with

all subsequent proceedings on the basis of compromise.

The aforesaid FIR was registered on the statement of

respondent No.2/complainant-Rachna Mehta under the above said

Sections.

The marriage of respondent No. 2 was solemnized with

petitioner No. 1 as per Hindu rites and rituals. However, due to

temperamental differences between the husband and wife, matrimonial

dispute arose and the aforesaid FIR has been registered on the statement of

complainant/respondent No.2-Rachna Mehta. However, now with the

1 of 3
11-03-2018 04:57:16 :::
CRM M-2629-2017 -2-

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 JMIC,

Jagadhri at Yamunanagar, vide report dated 25.01.2018 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 Deputy Advocate General, 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

2 of 3
::: Downloaded on – 11-03-2018 04:57:17 :::
CRM M-2629-2017 -3-

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 and F.I.R. No. 320,

dated 05.09.2013, under Section 323, 406, 498A and 506 of the Indian

Penal Code, registered at Police Station Farakpur, District

Yamunanagar, (Annexure P-1) and all subsequent proceedings arising

out of the same are quashed qua the petitioner.

The petition stands disposed of.

March 08,2018 (JAISHREE THAKUR)
tarun sahni JUDGE

Whether speaking/reasoned Yes/No

Whether reportable Yes/No

3 of 3
11-03-2018 04:57:17 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please to read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registrationJOIN WELCOME GROUP HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307,312, 313,323 376, 377, 406, 420, 506, 509; and also TEP, RTI etc

Web Design BangladeshWeb Design BangladeshMymensingh