Rupinder Singh and others vs State of Haryana and another

JAISHREE THAKUR, J. (Oral)

This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 103 dated 19.07.2017, registered under

Sections 323, 406, 498-A and 506 of the Indian Penal Code at Women Police Station, Ambala and all subsequent proceedings arising therefrom in

view of the compromise dated 18.08.2017 entered into between the parties.

The marriage of respondent No. 2 was solemnized on 18.10.2015 with petitioner No. 1 herein as per Sikh rites and rituals. However, due to

temperamental differences between the husband and wife, matrimonial dispute arose and the aforesaid FIR has been registered on the statement of

complainant/respondent No. 2 Akvinder Kaur. However, now with the intervention of respectable persons, the matrimonial dispute has been amicably

settled between the parties and they have entered into a compromise. In fact, the parties are living together happily.

Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before the Illaqa Magistrate for getting their

statements recorded in support of the compromise. In pursuance of the direction, a report has been received from JMIC at Ambala, stating that the

compromise arrived at between the parties is without any pressure or coercion from any one and the same appears to be genuine one. It is also

reported that no PO proceeding is pending against either of the parties.

Mr. P. P. Chahar, DAG, Haryana, on instructions from the Investigating Officer, and learned counsel for respondent No. 2 admit to the factum of

compromise and submit that in case the parties have indeed settled their dispute, they 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 rival parties and 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 & others vs. State of Punjab & another, (2014) 6 SCC 466, this petition is allowed and FIR No. 103 dated 19.07.2017, registered under

Sections 323, 406, 498-A and 506 of the Indian Penal Code at Women Police Station, Ambala and all subsequent proceedings arising out of the same

are quashed qua the petitioners herein.

The petition stands disposed of.