Atul Gupta v. Union Territory Chandigarh And Another

CRM-M No.26295 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.26295 of 2020 (O&M) Date of Decision.08.10.2020 (Heard through VC) Atul Gupta

...Petitioner

Vs Union Territory, Chandigarh and another

...Respondents

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Raman Mahajan, Advocate for the petitioner.

Mr. Munish Jain, APP, U.T., Chandigarh.

Mr. Krishan Singla, Advocate for the complainant.

-.- JAISHREE THAKUR J. (ORAL) 1.

This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.106 dated 19.08.2019 registered under Sections 406, 498-A IPC at Women Police Station, Sector 17, Chandigarh (Annexure P-1) and all subsequent proceedings arising therefrom in view of the compromise dated 25.11.2019 (Annexure P-2) arrived at between the parties to the marriage before the Mediation and Conciliation Centre of this Court in Mediation Case No.2176 of 2019. 2.

The FIR has been registered on the statement of complainant on the allegations of harassment and ill-treatment at the hands of accused-petitioner for demand of dowry. Now the parties to the marriage have compromised the matter before the Mediation and Conciliation of this Court in Mediation Case No.2176 of 2019 on 25.11.2019 and they have resolved their disputes and PANKAJ KUMAR 2020.10.14 10:53 I attest to the accuracy and integrity of this document

CRM-M No.26295 of 2020 (O&M) -2differences.

3.

Learned APP, U.T., Chandigarh 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.

4.

I have heard learned counsel for the parties and have gone through the record.

5.

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. 6.

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 another, (2014) 6 SCC 466, this petition is allowed and FIR No.106 dated 19.08.2019 registered under Sections 406, 498-A IPC at Women Police Station, Sector 17, Chandigarh (Annexure P-1) and all subsequent proceedings arising out of the same are quashed qua petitioner.

(JAISHREE THAKUR) JUDGE October 08, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2020.10.14 10:53 I attest to the accuracy and integrity of this document