Kanhiya Lal Khatri and Others vs State of Haryana and Another

Anita Chaudhry, J.—The instant petition has been filed u/s 482 Cr.PC for quashing of F.I.R. No. 178 dated 11.06.2011 registered for the offence under Sections 419, 420, 467, 468, 471, 448, 511, 506 and 120-B IPC at police station Faridabad Kotwali, District Faridabad and subsequent proceedings arising therefrom on the basis of compromise dated 17.12.2013 (Annexure P-3).

Vide order dated 20.02.2014, parties were directed to appear before the Illaqa Magistrate for recording their statements in support of the compromise. Illaqa Magistrate was also directed to send its report regarding the genuineness of the compromise.

Learned Illaqa Magistrate has sent its report dated 12.04.2014 submitting that the compromise arrived at between the parties is without any pressure or coercion and the same is genuine one. Illaqa Magistrate has also sent the statements of parties recorded by it and the photocopy of the compromise.

Learned counsel for the State on instructions from the Investigating Officer admits the factum of compromise and submit that the matter has been compromised between the parties and he 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 parties.

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

No useful purpose would be served to keep the FIR pending. In view of the statements and report of the trial Court and the principles laid down by the Full Bench judgment of this Court in Kulwinder Singh and Others Vs. State of Punjab and Another, , approved by Hon''ble Apex Court in Gian Singh Vs. State of Punjab and Another, the instant petition is allowed and the F.I.R. No. 178 dated 11.06.2011 registered for the offence under Sections 419, 420, 467, 468, 471, 448, 511, 506 and 120-B IPC at police station Faridabad Kotwali, District Faridabad and subsequent proceedings arising therefrom are quashed.

Needless to say that parties shall remain bound by the terms of compromise and their statements made in the Court below.