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Punjab-Haryana High Court

Jatinder Kumar Yadav vs State Of Punjab And Another on 31 August, 2021

Author: Jaishree Thakur

Bench: Jaishree Thakur

CRM-M No.8018 of 2021                                                       -1-

     IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                 HARYANA AT CHANDIGARH

                                       CRM-M No.8018 of 2021 (O&M)
                                       Date of Decision: 31.08.2021
                                       (Heard through VC)


Jatinder Kumar Yadav                                             ...Petitioner

                                       Vs

State of Punjab and another                                     ...Respondents


CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:    Mr. Ruhani Chadha, Advocate
            for the petitioner.

            Ms. Rashmi Attri, AAG, Punjab.

            Mr. Rahul Bhargava, Advocate
            for respondent No.2-complainant.

            *****

JAISHREE THAKUR J. (ORAL)

1. This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.318 dated 25.11.2020 registered under Section 363 & 366-A Indian Penal Code (Section 465, 467, 468 and 471 IPC added later on) at Police Station Division No.8, District Jalandhar (Annexure P-1) and all subsequent proceedings arising therefrom in view of the compromise arrived at between the parties.

2. The FIR has been registered on the statement of complainant on the allegations that the accused-petitioner had enticed away her minor daughter. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved their disputes and differences.

3. Keeping in view the fact that the parties have entered into a 1 of 3 ::: Downloaded on - 01-09-2021 22:32:03 ::: CRM-M No.8018 of 2021 -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 Judicial Magistrate 1st Class, Jalandhar stating that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.

4. Ms. Rashmi Attri, AAG, Punjab on instructions from the Investigating Officer and Mr. Rahul Bhargava, counsel for the complainant-respondent No.2 admit the factum of compromise. Learned counsel for the respondent- State 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.

5. I have heard learned counsel for the parties and have gone through the record.

6. 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.

                                              (JAISHREE THAKUR)
                                                     JUDGE
August 31, 2021
P.Bhatt

                  Whether speaking/reasoned         Yes/No

                  Whether reportable                Yes/No




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