Punjab-Haryana High Court
Manish Sharma And Ors vs State Of Haryana And Anr on 20 February, 2018
Author: Jaishree Thakur
Bench: Jaishree Thakur
Crl. Misc. M-46358 of 2017 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Crl. Misc. M-46358 of 2017 (O&M)
Date of Decision: February 20, 2018
Manish Sharma and others
...Petitioners
Versus
State of Punjab and another
...Respondents
CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Shubhashish Kukreti, Advocate
for the petitioners.
Mrs. Anju Arora, Addl. AG Punjab.
JAISHREE THAKUR, J. (Oral)
This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.39 dated 17.03.2017 registered under Sections 323, 406, 498-A of Indian Penal Code at Police Station Women, Ambala, Haryana (Annexure P/1) and all subsequent proceedings arising therefrom in view of the compromise (Annexure P/2).
The FIR has been registered on the statement of complainant- Chetna Sharma on the allegations that after her marriage, the accused- petitioners 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 ::: Downloaded on - 04-03-2018 11:46:02 ::: Crl. Misc. M-46358 of 2017 -2- compromise, they were directed to appear before the Illaqua 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 Ambala, 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 Gian Singh Versus State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.39 dated 17.03.2017 registered under Sections 323, 406, 498-A of Indian Penal Code at Police 2 of 3 ::: Downloaded on - 04-03-2018 11:46:04 ::: Crl. Misc. M-46358 of 2017 -3- Station Women, Ambala, Haryana and all subsequent proceedings arising out of the same are quashed qua the petitioners.
The petition stands disposed of.
February 20, 2018 (JAISHREE THAKUR)
vijay saini JUDGE
Whether speaking/reasoned Yes
Whether reportable Yes/No
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