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Judgment
21 paragraphs · 401 wordsJaishree Thakur, J
This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.199 dated 10.12.2017 registered under
Sections 498-A, 406, 34 of Indian Penal Code at Police Station Women Rohtak, District Rohtak (Annexure P/1) and all subsequent proceedings
arising therefrom in view of the compromise (Annexure P/2).
The FIR has been registered on the statement of complainant-respondent No.2 on the allegations that after her marriage, the accused-petitioner
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.
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 Judicial Magistrate Ist
Class at Rohtak stating that the compromise arrived at between the parties is without any pressure or coercion from anyone and the same is genuine
one.
Learned State counsel, on instructions from the Investigating Officer admits to 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 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.
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.199 dated 10.12.2017 registered
under Sections 406, 498-A, 34 of Indian Penal Code at Police Station Women Rohtak, District Rohtak and all subsequent proceedings arising out of
the same are quashed qua the petitioners herein.
