Punjab-Haryana High Court
Sarita Malethia vs State Of Punjab And Anr on 3 July, 2018
Author: Jaishree Thakur
Bench: Jaishree Thakur
Crl. Misc. M-18287 of 2018 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Crl. Misc. M-18287 of 2018 (O&M)
Date of Decision: July 03, 2018
Ch. Sarita Malethia
...Petitioner
Versus
State of Punjab and another
...Respondents
CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Shalender Nagpal, Advocate
for the petitioner.
Mr. V.G. Jauhar, Senior DAG Punjab.
Ms. Amrita Nagpal, 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.111 dated 23.10.2017 registered under Sections 363, 384, 452, 506, 511 of Indian Penal Code at Police Station City 2, Abohar (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- Ravi Makkar on the allegations that the accused-petitioner with some unknown persons forcibly tried to kidnap the son of his brother and also started quarelling with them. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved their disputes and differences.
1 of 3 ::: Downloaded on - 08-07-2018 07:14:30 ::: Crl. Misc. M-18287 of 2018 -2- 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 Abohar, 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.111 dated 2 of 3 ::: Downloaded on - 08-07-2018 07:14:30 ::: Crl. Misc. M-18287 of 2018 -3- 23.10.2017 registered under Sections 363, 384, 452, 506, 511 of Indian Penal Code at Police Station City 2, Abohar and all subsequent proceedings arising out of the same are quashed qua the petitioner(s) herein.
The petition stands disposed of.
July 03, 2018 (JAISHREE THAKUR)
vijay saini JUDGE
Whether speaking/reasoned Yes
Whether reportable Yes/No
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