High CourtsSingle Bench

Parteek and others vs State of Haryana and another

Punjab And Haryana At Chandigarh · Decided on 9 January 2018 · Citation: (2018) 01 P&H CK 0097

HON’BLE JUDGES
Jaishree Thakur
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-376>Section 376</a>, <a href=1767-498A>Section 498A</a>, <a href=1767-506>Section 506</a>, <a href=1767-511>Section 511</a>, <a href=1767-354>Section 354</a> - Punishment for rape - Husband or rel
RESULT
Disposed off
CASE NUMBER
47370 of 2017 (O&M)

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Judgment

23 paragraphs · 413 words
1.

This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.81 dated 13.02.2016 registered

under Sections 376, 498-A, 511, 354, 506 of Indian Penal Code at Police Station Civil Lines, Hisar (Annexure P/1) and all subsequent

proceedings arising therefrom in view of the compromise (Annexure P/2).

2.

The FIR has been registered on the statement of complainant- Mehak on the allegations that after her marriage, the accused-petitioners 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.

3.

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 Addl. Sessions

Judge, Hisar, stating that the compromise arrived at between the parties is without any pressure or coercion from any one and the same is genuine

one.

4.

Learned State counsel, on instructions from the Investigating Officer and learned counsel for the complainant-respondent No.2 admit the factum

of compromise and submit 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.

5.

I have heard learned counsel for the parties and have gone through the record.

6.

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.

7.

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.81 dated 13.02.2016

registered under Sections 376, 498-A, 511, 354, 506 of Indian Penal Code at Police Station Civil Lines, Hisar and all subsequent proceedings

arising out of the same are quashed.

8.

The petition stands disposed of.