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Judgment
23 paragraphs · 413 wordsThis 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).
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.
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.
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.
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.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.
The petition stands disposed of.
