Gurjit Singh And Others v. State Of Punjab And Another

Gurjit Singh And Others v. State Of Punjab And Another

(High Court Of Punjab And Haryana)

CRM No.31402 of 2021 in/and CRM-M-40716 of 2020 (O&M) | 01-10-2021

JAISHREE THAKUR, J.

CRM-31402-2021

1. This is an application that has been filed seeking to prepone hearing in the main case, which is now listed for 07.12.2021.

2. For the reasons mentioned in the application, the same is allowed. Hearing in the main case is preponed and the same is taken up today.

CRM-M-40716-2020

3. This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.136 dated 21.05.2020 registered under Sections 498-A, 406 of Indian Penal Code at Police Station City Rupnagar, District Rupnagar (Annexure P/1) and all subsequent proceedings arising therefrom in view of the compromise (Annexure P/2).

4. The FIR has been registered on the statement of complainantCharanjit Kaur on the allegations that after her marriage, the accusedpetitioners started harassing her for the demand of dowry. Now with the intervention of respectable persons, the matter has been amicably compromised between the parties and they have resolved their disputes and differences.

5. 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 Chief Judicial Magistrate at Rupnagar, stating that the compromise arrived at between the parties is without any pressure or coercion from anyone and the same is genuine one.

6. Learned State counsel, 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.

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

8. 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.

9. 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 , [LQ/SC/2014/327] this petition is allowed and FIR No.136 dated 21.05.2020 registered under Sections 498-A, 406 of Indian Penal Code at Police Station City Rupnagar, District Rupnagar and all subsequent proceedings arising out of the same are quashed qua the petitioners herein.

Advocate List
Bench
  • HON'BLE MS. JUSTICE JAISHREE THAKUR
Eq Citations
  • LQ/PunjHC/2021/11732
Head Note

Criminal Procedure Code, 1973 — S. 482 — Quashing of FIR — FIR registered on statement of complainant-wife alleging that after her marriage, accused-husband and in-laws started harassing her for demand of dowry — Matter amicably compromised between parties with intervention of respectable persons — Compromise arrived at between parties is without any pressure or coercion from anyone and is genuine one — Held, 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, FIR and all subsequent proceedings arising out of the same quashed qua accused-husband and in-laws — Indian Penal Code, 1860 — Ss. 498-A and 406 — Compromise/Settlement/Acquittal