Punjab-Haryana High Court
Liyakat Ali vs Ut Of Chandigarh And Anr on 8 December, 2017
Author: Jaishree Thakur
Bench: Jaishree Thakur
CRM-M-39456-2017 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CRM-M-39456-2017
Date of decision: 08.12.2017
Liyakat Ali ...Petitioner
Versus
UT of Chandigarh & another ...Respondents
CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Sandeep Gahlawat, Advocate
for the petitioners.
Ms. Ashima Mor, Addl. P. P., U.T., Chandigarh.
Ms. Amandeep Kaur, 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. 52 dated 10.04.2017, registered under Sections 354 and 354-B of the Indian Penal Code at Police Station Sector 26, Chandigarh and all subsequent proceedings arising therefrom in view of the compromise entered into between the parties.
The aforesaid FIR was registered on the statement of the complainant/respondent No. 2 with the allegation that on 10.04.2017 she went to Smart Unisex Salon, Sector 28-D, Chandigarh to get her eyebrows threaded. In the salon, one Liyakat Ali (petitioner herein) tried to molest her. However, now with the intervention of respectable persons, the dispute has been amicably settled between the parties and they have entered into a compromise.
Keeping in view the fact that the parties have entered into a 1 of 3 ::: Downloaded on - 16-12-2017 00:00:30 ::: CRM-M-39456-2017 -2- compromise, they were directed to appear before the Illaqa Magistrate for getting their statements recorded in support of the compromise. In pursuance of the direction, a report has been received from Additional Chief Judicial Magistrate at Chandigarh, stating that the compromise arrived at between the parties is without any pressure or coercion from any one and the same appears to be genuine one.
Learned Addl. P. P., U.T., Chandigarh, on instructions from the Investigating Officer, and learned counsel for respondent No. 2 admit to the factum of compromise and submit that in case the parties have indeed settled their dispute, they 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 rival parties and 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 & others vs. State of Punjab & another, (2014) 6 SCC 466, this petition is allowed and FIR No. 52 dated 10.04.2017, registered under Sections 354 and 354-B of the Indian Penal Code at Police 2 of 3 ::: Downloaded on - 16-12-2017 00:00:31 ::: CRM-M-39456-2017 -3- Station Sector 26, Chandigarh and all subsequent proceedings arising out of the same are quashed qua the petitioner.
The petition stands disposed of.
08.12.2017 (JAISHREE THAKUR)
Waseem Ansari JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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