Sher Singh vs State of Punjab and another

This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.39 dated 16.07.2016 registered under

Sections 498-A, 406 of Indian Penal Code at Police Station Ghulam Kalan, Gurdaspur (Annexure P-1/T) and all subsequent proceedings arising

therefrom in view of the compromise (Annexure P-2/T).

The FIR has been registered on the statement of complainant-Amandeep Kaur on the allegations that after her marriage, the accused-petitioner

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 Judicial Magistrate

First Class at Gurdaspur, 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 counsel for complainant/respondent No.2 admit to 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

Narinder Singh and others vs. State of Punjab and another, (2014) 6 SCC 466, this petition is allowed and FIR No.39 dated 16.07.2016 registered

under Sections 498-A, 406 of Indian Penal Code at Police Station Ghulam Kalan, Gurdaspur and all subsequent proceedings arising out of the same

are quashed qua the petitioner(s).

The petition stands disposed of.