Reeta Devi v. Ut Of Chandigarh & ANR

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

Criminal Misc. No.M-902 of 2016 .....

Date of decision:5.5.2016 Reeta Devi .....Petitioner v.

Union Territory, Chandigarh and another .....Respondents ....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Saurabh Bhardwaj, Advocate for for the petitioner. Mr. J.S. Toor, Additional Public Prosecutor, for respondent-U.T. Chandigarh.

None for the complainant-respondent No.2.

.....

Inderjit Singh, J.

This petition has been filed under Section 482 Cr.P.C. praying for quashing of FIR No.401 dated 16.7.2013 (Annexure-P.1) registered for the offence under Section 420 IPC at Police Station Mani Majra, Chandigarh and all subsequent proceedings arising therefrom in view of the compromise (Annexure-P.3).

The FIR has been registered on the statement of complainantKunjumon, Manager on the allegations that the accused-petitioner by hatching conspiracy has cheated their Company. Now with the intervention of respectable persons, the matter has been amicably settled and compromise has been entered into between the parties, therefore, they were

Cr. Misc. No.M-902 of 2016 [2] directed to appear before learned trial Court for getting their statements recorded in support of the compromise. After doing the needful, learned Judicial Magistrate Ist Class, Chandigarh has sent his report dated 22.4.2016 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 Additional P.P., U.T. Chandigarh, on instructions from the Investigating Officer admits the factum of compromise and submits 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 Additional P.P., U.T. Chandigarh 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 in Gian Singh v. State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.401 dated 16.7.2013 (Annexure-P.1) registered for the offence under Section 420 IPC at Police Station Mani

Cr. Misc. No.M-902 of 2016 [3] Majra, Chandigarh and all subsequent proceedings arising out of the same are hereby quashed.

May 5, 2016.

(Inderjit Singh) Judge *hsp*