CRM-M No. 18203 of 2017 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
CRM-M No. 18203 of 2017
Date of Decision:-24.09.2018
Sanjay Adhana and others
State of Haryana and another
CORAM:- HON’BLE MRS. JUSTICE JAISHREE THAKUR
Present:- Mr. Kamal Chaudhary, Advocate
for the petitioners.
Ms. Gaganpreet Kaur, AAG, Haryana.
Mr. Ankur Jain, Advocate
for respondent No.2.
JAISHREE THAKUR J.(Oral)
This petition has been filed under Section 482 of the Code of
Criminal Procedure seeking quashing of FIR No.323 dated 28.12.2014,
under Section 354 IPC, registered at Police Station Kurukshetra, District
Kurukshetra (Annexure P/1) and all subsequent proceedings arising
therefrom in view of the compromise (Annexure P/2).
The FIR has been registered on the statement of complainant-
on the allegations that the accused-petitioners after consuming liquor at
public place forcibly tried to enter her room. Now with the intervention of
respectable persons, the matter has been amicably compromised between
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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 has been received from
Judicial Magistrate First Class at Kurukshetra, 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 Assistant Advocate General, Haryana, 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
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
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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.323 dated
28.12.2014, under Section 354 IPC, registered at Police Station
Kurukshetra, District Kurukshetra (Annexure P/1) and all subsequent
proceedings arising out of the same are quashed qua petitioners.
The petition stands disposed of.
September 24, 2018 ( JAISHREE THAKUR )
Vijay Asija JUDGE
Whether speaking/reasoned Yes / No
Whether Reportable Yes / No
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