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Sandeep Singh vs State Of Punjab And Anr on 8 March, 2018

CRM M-1097-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(255)
CRM M-1097-2018
Decided on:March 08, 2018.

SANDEEP SINGH
…. Petitioner
Versus

STATE OF PUNJAB ANOTHER
….. Respondents

CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR

Present : Mr. Rajesh Kapila, Advocate
for the petitioner.

Mr. A.S. Sandhu, Addl. Adovcate General, Punjab.
*****

JAISHREE THAKUR, J. (Oral)

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

No. 72, dated 02.12.2011, under Section 406, 498A, and 506 of the

Indian Penal Code, registered at Police Station Kahnuwan, District

Gurdaspur, (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-Mandeep Kaur under the above said

Sections.

The marriage of respondent No. 2 was solemnized with

petitioner No. 1 as per 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-

Mandeep Kaur. However, now with the intervention of respectable persons,

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CRM M-1097-2018 -2-

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,

Gurdaspur, vide report dated 24.01.2018 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 Addl. Advocate General, 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 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 conviction are bleak.

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CRM M-1097-2018 -3-

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. 72,

dated 02.12.2011, under Section 406, 498A, and 506 of the Indian

Penal Code, registered at Police Station Kahnuwan, District Gurdaspur,

(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

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