Crl. Misc. M- 18659-2019 (OM) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Crl. Misc. M- 18659-2019 (OM)
Date of Decision: January 08, 2020
Sanjeev Kumar
…Petitioner
Versus
State of Haryana and another
…Respondents
CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Imran Farooqi, Advocate
for the petitioner.
Ms. Trishanjali Chopra, AAG, Haryana.
Mr. Parmod Kumar, Advocate for
for the respondent No.2-complainant.
Complainant in person.
JAISHREE THAKUR, J. (Oral)
This is a petition that has been filed under Section 482 of the
Code of Criminal Procedure seeking quashing of FIR No.194 dated
08.06.2016 registered under Sections 324, 354, 406, 498A, 506 and 120-B
of Indian Penal Code at Police Station Pinjore, District Panchkula
(Annexure P/1) and all subsequent proceedings arising therefrom in view of
the compromise/report of the Mediation Centre dated 29.11.2018 (Annexure
P/2).
The FIR has been registered on the statement of complainant-
Taruna on the allegations that the accused-petitioner harassed and tortured
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the complainant for want of dowry. Now with the intervention of
respectable persons, the matter has been amicably compromised between 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
Sub Divisional Judicial Magistrate at Kalka, stating that the compromise
arrived at between the parties is without any pressure or coercion from any
one and the same is genuine one. Complainant present in Court admits to
have received the balance amount. Her statement to that effect has been
recorded separately.
Learned Asstt. Advocate General, Haryana, on instructions
from the Investigating Officer and submits 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
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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 and others vs. State of Punjab and
another, (2014) 6 SCC 466, this petition is allowed and FIR No.194 dated
08.06.2016 registered under Sections 324, 354, 406, 498A, 506 and 120-B
of Indian Penal Code at Police Station Pinjore, District Panchkula and all
subsequent proceedings arising out of the same are quashed.
January 08, 2020 (JAISHREE THAKUR)
seema JUDGE
Whether speaking/reasoned Yes
Whether reportable Yes/No
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