Rohit Kumar And ORS. v. State Of Haryana And ANR.

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 17.07.2018 Rohit Kumar and others

...Petitioners

Versus

State of Haryana and another

...Respondents

***** CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Vaibhav Goel, Advocate, for Mr. B.S.Randhawa, Advocate, for the petitioner.

Mr. P. P. Chahar, DAG, Haryana.

Mr.Tarun Dhingra, Advocate, for the complainant/respondent No.2.

**** JAISHREE THAKUR, J.(Oral) This is a petition that has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.503 dated 18.10.2013 under Sections 498A/406/506 IPC registered at Police Station City Bahadurgarh, District Jhajjar (Annexure P-1) alongwith consequential proceedings arising therefrom on the basis of a compromise arrived at between the parties. A marriage was solemnized between the petitioner and the complainant/respondent No. 2 on 17.07.2013 according to Hindu rites and ceremonies. No child was born out of this wedlock. However, due to temperamental differences between the husband and wife, matrimonial dispute arose and the aforesaid FIR has been registered against the

-2petitioners, on the statement of complainant/respondent No. 2. However, now with the intervention of respectable persons, the matrimonial 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 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 Judicial Magistrate Ist Class, Bahadurgarh, 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.

Mr. P. P. Chahar, learned DAG, Haryana, 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

-3conviction 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, FIR No.503 dated 18.10.2013 under Sections 498A/406/506 IPC registered at Police Station City Bahadurgarh, District Jhajjar (Annexure P-1) and all subsequent proceedings arising out of the same are quashed qua the petitioners. The petition stands disposed of.

17.07.2018 (JAISHREE THAKUR) JUDGE Whether speaking/reasoned No.

Whether reportable No.