Moniesh @ Moni @ Mani And ANR v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 23.05.2018 Moniesh @ Moni @ Mani and another

...Petitioners

Versus

State of Punjab and another

...Respondents

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. G.S. Bawa, Advocate, for the petitioners.

Mr. A.S. Sandhu, Addl. A.G., Punjab.

Mr. G.S. Bajwa, 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. 115 dated 19.08.2017, under Sections 354, 34 of the IPC and Section 10 of POCSO Act, registered at Police C - Division, Amritsar, District Amritsar (Annexure P-1) and all subsequent proceedings arising therefrom on the basis of the compromise entered into between the parties.

The aforesaid FIR was registered on the statement of respondent No. 2/complainant under the said sections. However, now with the intervention of respectable persons, the dispute has been amicably settled between the parties and they have entered into a compromise.

-2Keeping 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 the Addl. Sessions Judge, Amritsar, stating that the compromise arrived at between the parties appears to be genuine one, however, is not sure whether the compromise is without any pressure or coercion from any one. However, the parties in their statements have stated that the compromise is without any pressure or coercion from any one.

Mr. A.S. Sandhu, learned Addl. A.G., Punjab, 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.

-3Consequently, 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. 115 dated 19.08.2017, under Sections 354, 34 of the IPC and Section 10 of POCSO Act, registered at Police C - Division, Amritsar, District Amritsar (Annexure P-1) and all subsequent proceedings arising out of the same are quashed qua the petitioners.

The petition stands disposed of.

23.05.2018 (JAISHREE THAKUR) JUDGE Whether speaking/reasoned Yes.

Whether reportable No.