SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sarabjit Singh vs State Of Punjab & Anr on 27 August, 2018

279 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-28373-2018
Date of Decision: 27.08.2018

Sarabjit Singh …..Petitioner

Versus

State of Punjab and another …..Respondents

CORAM: HON’BLE MS. JUSTICE JAISHREE THAKUR

Present: Mr. Nirmal Singh Kandhola, Advocate
for the petitioner.

Ms. Rajni Gupa, Senior DAG, Punjab.

Mr. Surinder Sharma, Advocate
for the complainant/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.44 dated 15.05.2018

(Annexure P-1) registered under Section 498-A of the Indian Penal Code at

Police Station Sadar Rupnagar, District Rupnagar (Section 406 IPC added

later on) and all subsequent proceedings arising therefrom in view of the

compromise.

The FIR has been registered on the statement of complainant-

Gurpreet Kaur on the allegations that after her marriage, the accused-

petitioner started harassing her for the demand 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

1 of 3
03-09-2018 04:11:25 :::
CRM-M-28373-2018 -2-

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

the Judicial Magistrate First Class, Rupnagar, 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 State counsel, 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

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.44 dated

15.05.2018 (Annexure P-1) registered under Section 498-A of the Indian

2 of 3
03-09-2018 04:11:26 :::
CRM-M-28373-2018 -3-

Penal Code at Police Station Sadar Rupnagar, District Rupnagar (Section

406 IPC added later on) and all subsequent proceedings arising out of the

same are quashed.

The petition stands disposed of.

(JAISHREE THAKUR)
JUDGE
27.08.2018
Neha
Whether Speaking/Reportable : Yes/No
Whether Reportable : Yes/No

3 of 3
03-09-2018 04:11:26 :::

Leave a Reply

Your email address will not be published.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

Copyright © 2020 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 read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation