Punjab-Haryana High Court
Amit Kumar Sharma And Others vs State Of Haryana And Another on 4 September, 2018
Author: Jaishree Thakur
Bench: Jaishree Thakur
Crl. Misc. M- 29111-2018 (O&M) -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Crl. Misc. M- 29111-2018 (O&M)
Date of Decision: 04.09.2018.
Amit Kumar Sharma and others
...Petitioners
Versus
State of Haryana and another
...Respondents
CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Padamkant Dwivedi, Advocate
for the petitioner(s).
Ms. Gaganpreet Kaur, AAG, Haryana
Mr. Gaurav Kathuria, 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. 552 dated 15.07.2017 registered under Sections 498-A, 406, 506, 377, 354-A and 34 of Indian Penal Code at Police Station Sector 7, Faridabad, District Faridabad (Annexure P/1 ) and all subsequent proceedings arising therefrom in view of the compromise.
The FIR has been registered on the statement of complainant- respondent No.2. on the allegations that the accused-petitioners used to harass her on account of demand of more dowry and tried to outrage her modesty. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved their disputes and differences.
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Crl. Misc. M- 29111-2018 (O&M) -1-
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 Faridabad, 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 Asst. 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 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 2 of 3 ::: Downloaded on - 02-10-2018 10:54:16 ::: Crl. Misc. M- 29111-2018 (O&M) -1- another, (2014) 6 SCC 466, this petition is allowed and FIR No. 552 dated 15.07.2017 registered under Sections 498-A, 406, 506, 377, 354-A and 34 of Indian Penal Code at Police Station Sector 7, Faridabad, District Faridabad (Annexure P/1) and all subsequent proceedings arising out of the same are quashed qua the petitioners.
The petition stands disposed of.
September 04, 2018 (JAISHREE THAKUR)
seema JUDGE
Whether speaking/reasoned Yes
Whether reportable Yes/No
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