KULDEEP SINGH AND ORS. Vs. STATE OF PUNJAB AND ORS.
LAWS(P&H)-2011-3-575
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 10,2011

Kuldeep Singh And Ors. Appellant
VERSUS
State of Punjab and Ors. Respondents

JUDGEMENT

Daya Chaudhary, J. - (1.) THE present petition has been filed on behalf of Petitioners Kuldeep Singh and Darshan Kaur for quashing of FIR No. 69 dated 12.5.2010 under Section 498A IPC registered at Police Station Model Town, Hoshiarpur and all subsequent proceedings arising therefrom on the basis of compromise.
(2.) NOTICE of motion was issued on 20th January, 2011 and parties were directed to appear before the lllaqa Magistrate on 3rd February, 2011 for recording their statements with regard to compromise. The lllaqa Magistrate was also directed to submit a report in this regard to know its genuineness after recording the statements of the parties whether the same is not the result of any pressure or coercion in any manner and to send a report along with statements of the parties with regad to validity or otherwise of the compromise effected between the parties. In compliance of the directions issued by this Court on 20th January, 2011, the parties appeared before the lllaqa Magistrate and their statements were recorded. A report along with statements of the parties has been sent by the JMIC, Hoshiarpur, wherein it has been mentioned that as per statements of the parties, compromise has been effected which is voluntary and the same is free from any pressure whatsoever. The complainant has also stated that she has no objection with regard to quashing of the FIR. Learned Counsel for the Petitioners submits that since the matter has been compromised between the parties and the complainant has no objection in quashing of the FIR and the Petitioners are not habitual offender and they are having no criminal background and no case is pending against them and compromise has been effected as per free will and without any pressure on either side.
(3.) AFTER hearing learned Counsel for the parties, I am of the considered view that continuation of impugned criminal proceedings between the parties would be an exercise in futility. The complainant herself 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 prosecution in view of compromise between the parties. It would be in the interest of the parties as well as in the large interest of the society and to maintain 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.;


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