Jagdeep Singh and others vs State of Punjab and another

This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.127 dated 05.05.2017

registered under Sections 406, 498-A, 34 of Indian Penal Code at Police Station Kapurthala, District Kapurthala (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- Gaganpreet 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.

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 Kapurthala, stating that the compromise arrived at between the parties is without any pressure or coercion from any one and the

same is genuine one.

Learned counsel for respondent No.2 submits that balance payment in terms of the compromise is to be paid in the petition filed under Section

13-B of Hindu Marriage Act.

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 Gian Singh Versus State of Punjab and another, 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No.127 dated 05.05.2017

registered under Sections 406, 498-A, 34 of Indian Penal Code at Police Station Kapurthala, District Kapurthala and all subsequent proceedings

arising out of the same are quashed qua the petitioners, subject to making the balance payment in terms of the compromise entered into between

the parties and leaving it open to the parties to re-agitate their claim, in case, the terms of the compromise are not adhered to.

The petition stands disposed of.