Harjit Kaur v. State Of Punjab & ANR

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-23718 of 2015 .....

Date of decision:28.1.2016 Harjit Kaur .....Petitioner v.

State of Punjab and another .....Respondents ....

Present:

Mr. Surinder Singh, Advocate for Mr. Vikram Bali, Advocate for the petitioner.

Mr. Varun Sharma, Assistant Advocate General, Punjab for the respondent-State.

Mr. Vikas Kumar Gupta, Advocate for complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.25 dated 6.2.2015 (Annexure-P.1) registered for the offences under Sections 457 and 380 IPC and (Section 411 IPC, which was added later on in the challan) at Police Station City Rupnagar, District Rupnagar and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.2).

The FIR has been registered on the statement of complainantManjit Singh on the allegations that the accused-petitioner had stolen his gold jewellery from his house. Now with intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved their disputes and differences. Keeping in view the fact that the parties have entered into a

Cr. Misc. No.M-23718 of 2015 [2] compromise, they were directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Chief Judicial Magistrate, Rupnagar has sent her report dated 11.12.2015 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.

Learned Assistant 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 petitioner as well as learned Assistant Advocate General, Punjab and learned counsel for complainant-respondent No.2 and have gone through the record. In a decision, based on compromise, none of the parties is a loser. Rather, 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.

Therefore, keeping in view the fact that the matter has been amicably settled and in view of the law laid by the Hon'ble Supreme Court

Cr. Misc. No.M-23718 of 2015 [3] in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.25 dated 6.2.2015 (Annexure-P.1) registered for the offences under Sections 457 and 380 IPC and (Section 411 IPC, which was added later on in the challan) at Police Station City Rupnagar, District Rupnagar and all subsequent proceedings arising out of the same are hereby quashed.

January 28, 2016.

(Inderjit Singh) Judge *hsp*