Punjab-Haryana High Court
Karan Kohli And Another vs State Of Haryana And Another on 22 January, 2020
Author: Jaishree Thakur
Bench: Jaishree Thakur
CRM-M No.37760 of 2019 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M No.37760 of 2019
Date of Decision:22.01.2020
Karan Kohli and another ...Petitioners
Versus
State of Haryana and another ...Respondents
CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Gaurav Grover, Advocate
for the petitioners.
Mr. Tanuj Sharma, AAG, Haryana.
Ms. Bhanvi Sood, Advocate for
Ms. Rinki Gupta, Advocate
for the 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.0103 dated 12.12.2016 registered under Sections 323, 406, 498-A Indian Penal Code at Police Station Women, District Ambala (Annexure P-1) and all subsequent proceedings arising therefrom in view of the compromise dated 30.11.2018 (Annexure P-2 ).
2. The FIR has been registered on the statement of complainant- on the allegations that the accused-petitioners harassed her on account of 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.
3. Keeping in view the fact that the parties have entered into a 1 of 3 ::: Downloaded on - 09-02-2020 10:12:46 ::: CRM-M No.37760 of 2019 -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 Chief Judicial Magistrate, 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.
4. Learned Assistant 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.
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.
7. 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.0103 dated 12.12.2016 registered under Sections 323, 406, 498-A Indian Penal Code at 2 of 3 ::: Downloaded on - 09-02-2020 10:12:46 ::: CRM-M No.37760 of 2019 -3- Police Station Women, District Ambala (Annexure P-1) and all subsequent proceedings arising out of the same are quashed qua petitioners.
January 22, 2020 (JAISHREE THAKUR)
Pankaj* JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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