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2018 DIGILAW 85 (PNJ)

Kamaljit Singh @ Soni v. Union Territory Chandigarh

2018-01-10

JAISHREE THAKUR

body2018
JUDGMENT Ms. Jaishree Thakur, J.: (Oral) - This petition has been filed under Section 482 of the Code ofCriminal Procedure seeking quashing of FIR No. 144 dated 31.05.2017,under Section 376 of the IPC, registered at Police Station Sector 36,Chandigarh (Annexure P-1) and all subsequent proceedings arisingtherefrom in view of the compromise entered into between the parties. 2. In brief, the facts of the case are that complainant had reportedto the police that some altercation had taken place and subsequently she hadcome to know that FIR under Section 376 IPC has been registered againstthe petitioner. She has given an affidavit Annexure P-3 to the extent that shenever made a statement to the police qua Section 376 IPC. 3. Keeping in view the fact that the parties have compromised thematter, they were directed to appear before the trial Court for getting theirstatements recorded in support of the compromise. In pursuance of thedirection, a report in has been received from the the Judicial Magistrate IstClass, Chandigarh stating that the compromise arrived at between theparties is without any pressure or coercion from any one and the sameappears to be genuine one. 4. Mr. Gautam Dutt, learned Addl. P.P. for U.T., Chandigarh oninstructions from the Investigating Officer and learned counsel for therespondent No. 2 admit the factum of compromise and submit that in casethe parties have indeed settled their dispute, they would have no objectionto the quashing of the FIR, in view of the law laid down by the Hon’bleSupreme Court. 5. I have heard learned counsel for the rival parties and have gonethrough the record. 6. In a decision, based on compromise, none of the parties is aloser. Rather, a compromise not only brings peace and harmony betweenthe parties to a dispute, but also restores tranquility in the society. Afterconsidering the nature of offences allegedly committed and the fact thatboth the parties have amicably settled their dispute, continuance of criminalprosecution would be an exercise in futility, as the chances of ultimateconviction are bleak. 7. Rather, a compromise not only brings peace and harmony betweenthe parties to a dispute, but also restores tranquility in the society. Afterconsidering the nature of offences allegedly committed and the fact thatboth the parties have amicably settled their dispute, continuance of criminalprosecution would be an exercise in futility, as the chances of ultimateconviction are bleak. 7. Consequently, keeping in view the fact that the dispute hasbeen amicably settled and in view of the law laid down by the Hon’bleSupreme Court in Gian Singh Versus State of Punjab and another, [2011(4) Law Herald (P&H) 2891 : 2012(1) Land L.R. 541] : 2012 (4) RCR (Cr.) 543, this petition is allowed and FIR No. 144 dated31.05.2017, under Section 376 of the IPC, registered at Police StationSector 36, Chandigarh (Annexure P-1) and all subsequent proceedingsarising out of the same are quashed qua the petitioner. 8. The petition stands disposed of.