Gaurav Gumber And ORS v. State Of Punjab And ANR

-1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 16.07.2018 Gaurav Gumber and others

...Petitioners

Versus

State of Punjab and another

...Respondent(s)

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Manish Dadwal, Advocate for the petitioners.

Ms. Seena Mand, DAG, Punjab Mr. Naresh Kumar , 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. 79 dated 25.04.2016 registered under Section 498-A, 406 of Indian Penal Code at Police Station City Phagwara, District Kapurthala and all proceedings arising therefrom in view of the compromise dated 23.04.2018 (Annexure P/2). The FIR has been registered on the statement of complainantJagvir Kaur, on the allegations that the accused-petitioners used to harass her on account of dowry and maltreated/misbehaved with her. 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 First Class at Phagwara, 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 Deputy Advocate General, Punjab, on instructions from the Investigating Officer and learned counsel for the complainantrespondent 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.

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

-3another, (2014) 6 SCC 466, this petition is allowed and FIR No. 79 dated 25.04.2016 registered under Section 498-A, 406 of Indian Penal Code at Police Station City Phagwara, District Kapurthala and all proceedings arising out of the same are quashed qua the petitioners. The petition stands disposed of.

July 16, 2018 (JAISHREE THAKUR) JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No