Gauri Shankar And Others v. State Of Haryana And Another

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-49197 of 2018 (O&M) Date of Decision: 19.12.2018 Gauri Shankar and others

...Petitioners

Versus

State of Haryana and another

...Respondent

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Rajiv Sidhu, Advocate, for Mr. Mukjesh Yadav, Advocate, for the petitioners.

Ms. Gaganpreet Kaur, AAG, Haryana.

Mr. Parmod Parmar, 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.100 dated 18.07.2018, under Sections 498-A, 406, 342, 323, 506, 34 of the Indian Penal Code, registered at Women Police Station Narnaul (Mohindergarh) (Annexure P1) and all subsequent proceedings arising therefrom in view of the compromise.

In brief, the facts are that a marriage was solemnized between petitioner No.1 herein and respondent No.2 on 16.02.2009 as per Hindu rites and ceremonies. Out of this wedlock two female children were born.

-2Some differences arose between the parties and the instant FIR was got registered by respondent No.2. Now with the 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 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 the Chief Judicial Magistrate, Narnaul, stating that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one.

Ms. Gaganpreet Kaur, learned AAG, Haryana on instructions from the Investigating Officer and the learned counsel for the respondent No.2 admit the factum of compromise and submit that 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 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.

-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 and others vs. State of Punjab and another, (2014) 6 SCC 466, this petition is allowed and FIR No.100 dated 18.07.2018, under Sections 498-A, 406, 342, 323, 506, 34 of the Indian Penal Code, registered at Women Police Station Narnaul (Mohindergarh) (Annexure P-1) and all subsequent proceedings arising out of the same are quashed qua the petitioners.

The petition stands disposed of.

19.12.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes Whether reportable No