Daya Chaudhary, J. - (1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure, on behalf of Mahavir and Jaswant Singh, for quashing of FIR No. 114 dated 11.8.2005 registered under Sections 498 -A, 406, 323 read with Section 34 of the Indian Penal Code, at Police Station Radaur District Yamuna Nagar, on the basis of compromise.
(2.) NOTICE of motion in the case was issued on November 10, 2010. While issuing notice of motion to the Respondents, the trial court was directed to send the report with regard to the validity or otherwise of the compromise after recording the statements of the concerned parties. Pursuance to the directions issued by this Court on November 10, 2010, statements of the parties have been recorded by the trial court and a report in this regard has been placed on the record of this Court wherein it has been stated that the statements of the parties had been recorded wherein the complainant has stated that she has compromised the dispute with the accused persons Mahavir and Jaswant Singh with the intervention of the respectables and the compromise is with free will. There is no pressure upon her. It is also mentioned that the statement has been made by the complainant without any fear, favour or pressure upon her. As per the statement made by the complainant, it has been mentioned that the marriage with Mahavir Singh has been dissolved by way of decree of divorce dated 16.4.2009 under Section 13 -B of the Hindu Marriage Act, 1955 and the mother -in -law has expired during the pendency of proceedings.
(3.) LEARNED Counsel for the Petitioners submitted that since the parties have compromised the dispute, the complainant has no objection in the quashing of the FIR, I am of the considered view that continuation of impugned criminal proceedings between the parties would be an exercise in futility. The complainant himself does not want to pursue these proceedings and it shall be merely a formality and sheer wastage of precious time of the Court as complainant would not support the case of the prosecution in view of the compromise between the parties. It would be in the interest of the parties as well as in the large interest of the society, peace and harmony and in order to save both the families from avoidable litigation that the compromise arrived at between them is accepted by this Court.;