High CourtsSingle Bench

Jai Gopal And Another vs State Of Haryana And Another

Punjab And Haryana At Chandigarh · Decided on 11 January 2021 · Citation: (2021) 01 P&H CK 0131

HON’BLE JUDGES
Jaishree Thakur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 120B, 406, 420
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 37566 Of 2020 (O&M)
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Judgment

21 paragraphs · 399 words

Jaishree Thakur, J

This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.152 dated 01.06.2020 registered under

Sections 406, 420, 120-B of Indian Penal Code at Police Station Naraingarh, District Ambala (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-Chander Kant Sharma on the allegations that the accused-petitioners committed fraud

with him on the basis of forged papers. 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 Sub Divisional Judicial

Magistrate at Naraingarh, 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.152 dated 01.06.2020 registered

under Sections 406, 420, 120-B of Indian Penal Code at Police Station Naraingarh, District Ambala and all subsequent proceedings arising out of the

same are quashed qua the petitioners herein.