279 IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of Decision: 27.08.2018
Sarabjit Singh …..Petitioner
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
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
Keeping in view the fact that the parties have entered into a
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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
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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.
Whether Speaking/Reportable : Yes/No
Whether Reportable : Yes/No
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