Rahul Sharma and others vs State of Punjab and another

This petition has been filed under Section 482 of the Code of

Criminal Procedure seeking for quashing of FIR No. 145 dated 26.9.2016

(Annexure P/1) registered under Sections 306, 511, 506 and 323 IPC at

Police Station Gurdaspur City, District Gurdaspur, and all subsequent

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

The FIR has been registered on the statement of complainant--

Sakshi Sharma. It is averred in the petition that due to some

misunderstandings that took place between the parties, the FIR was lodged.

In fact, the parties are known to each other. However, now with the

intervention of respectable persons, the matter has been amicably

compromised between the parties and they have resolved their disputes and

differences. The complainant has categorically averred that she does not

want to pursue the matter anymore and she would have no objection, if the

FIR is quashed.

Keeping in view the fact that the parties have entered into a

compromise, they were directed to appear before learned trial court for

getting their statements recorded in support of the compromise. In pursuance

of the direction, a report has been received from the Chief Judicial

Magistrate, 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 Assistant Advocate General, Punjab, on instructions

from the Investigating Officer admits 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 also 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 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. 145 dated 26.9.2016 (Annexure P/1)

registered under Sections 306, 511, 506 and 323 IPC at Police Station

Gurdaspur City, District Gurdaspur, and all subsequent proceedings arising

out of the same are quashed.

The petition stands disposed of.