Sandeep Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision-12.07.2021 (Heard through VC) Sandeep Singh

...Petitioner

Vs.

State of Punjab and another

...Respondents

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Bhavesh Aggarwal, Advocate for the petitioner.

Ms. Rashmi Attri, AAG, Punjab.

Mr. Shubham Mehta, Advocate, for the complainant.

*** JUSTICE JAISHREE THAKUR, J. (ORAL) This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.75 dated 03.10.2019 under Sections 406, 498-A IPC registered at Police Station Bhaini Mian Khan, District Gurdaspur and all subsequent proceedings arising therefrom in view of the compromise.

The FIR has been registered on the statement of complainantrespondent No.2-Monika that the petitioner herein on account of a matrimonial discord. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved their disputes and differences.

--2Keeping 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 1st Class, Gurdaspur 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 admits the factum of compromise and 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.

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.75 dated 03.10.2019

--3under Sections 406, 498-A IPC registered at Police Station Bhaini Mian Khan, District Gurdaspur and all subsequent proceedings arising out of the same are quashed qua the petitioner herein.

(JAISHREE THAKUR) JUDGE 12.07.2021 geeta Whether speaking/reasoned :

Yes No Whether Reportable :

Yes No