Bhagwani alias Bhani vs State of Haryana

Inderjit Singh, J.—This petition has been filed u/s 482 Cr.P.C. praying for quashing of FIR No. 419 dated 26.10.2010 (Annexure-P. 1) registered for the offences under Sections 498A, 323, 406, 506 and 34 IPC at Police Station Narnaund, District Hisar and all subsequent proceedings arising therefrom in view of the compromise dated 17.2.2014 (Annexure-P. 2).

The marriage of petitioner No. 3 Sandeep was solemnized with complainant-Manjeet on 26.3.2010 at Village Haibetpur, Tehsil Narnaund, District Hisar. However, due to temperamental differences between the parties, matrimonial dispute arose and the above said FIR was registered for the above mentioned offences against the petitioners. Now with the intervention of respectable persons and relatives, the matrimonial dispute has amicably been resolved between the parties.

Keeping in view the fact that the parties have entered into a 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 Judicial Magistrate 1st Class, Hansi has sent her report dated 31.5.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine one. Complainant Manjeet has stated that she has arrived at a compromise with the accused and the matter has been compromised by her with her own sweet will and without any pressure and she has no objection if the FIR is quashed.

Learned Assistant Advocate General, Haryana, on instructions from the Investigating Officer admits the factum of compromise and submits that in case the parties have indeed settled their matrimonial 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 gone through the record and have heard learned counsel for the petitioners as well as learned Assistant Advocate General, Haryana.

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 matrimonial dispute, continuance of criminal prosecution would be an exercise in futility, as the chances of ultimate conviction are bleak.

The Hon''ble Supreme Court in Gian Singh Vs. State of Punjab and Another, has held that the inherent jurisdiction of this Court u/s 482 Cr.P.C. can be exercised to quash the proceedings in respect of criminal cases arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personnel in nature and the parties have resolved their entire dispute even though they are not compoundable. Therefore, keeping in view the fact that the matrimonial dispute has been amicably settled and the law laid down in Gian Singh v. State of Punjab and another (supra), this petition is allowed and FIR No. 419 dated 26.10.2010 (Annexure-P. 1) registered for the offences under Sections 498A, 323, 406, 506 and 34 IPC at Police Station Narnaund, District Hisar and all subsequent proceedings arising out of the same are hereby quashed.