The High Court allowed the petition for quashing an FIR under Sections 406 and 498-A IPC. A true compromise was recorded by the Magistrate. The court held that continuing prosecution would be futile as the chances of conviction were bleak.
FIR No. 150 dated 11.12.2016 and all subsequent proceedings arising therefrom are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl. Misc. M-17796 of 2017
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. M-17796 of 2017(O&M) Date of Decision: September 05, 2017
Amit Grover and another
...Petitioner(s)
Versus
State of Punjab and another
...Respondent(s)
CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:Mr. Sanjeev K.Virk, Advocate for the petitioner(s).
Mr. M.S.Nagra, AAG, Punjab for the State.
JAISHREE THAKUR, J. (Oral)
This petition has been filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. 150 dated 11.12.2016 registered under Sections 406, 498-A of Indian Penal Code (for short IPC) at Police Station Women Police Station, District Ludhiana (Annexure P/1) and all subsequent proceedings arising therefrom in view of the compromise (Annexure P/2 ).
The FIR has been registered on the statement of complainantMinakshi Grover on the allegations that after her marriage, the accusedpetitioners 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.
Jyoti 2017.09.07 10:53 I attest to the accuracy and authenticity of this document
Crl. Misc. M-17796 of 2017
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Keeping in view the fact that the parties have entered into a compromise, they were directed to appear before the Illaqua Magistrate for getting their statements recorded in support of the compromise. In pursuance of the direction, a report has been received from Judicial Magistrate Ist Class at Ludhiana, 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 submits 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 Gian Singh Versus State of Punjab and another, 2012(4) RCR (Cr.) 543, this petition is allowed and FIR No. 150 dated 11.12.2016
Jyoti 2017.09.07 10:53 I attest to the accuracy and authenticity of this document
Crl. Misc. M-17796 of 2017
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registered under Sections 406, 498-A IPC at Police Station Women Police Station, District Ludhiana and all subsequent proceedings arising out of the same are quashed.
The petition stands disposed of.
September 05, 2017 (JAISHREE THAKUR) Jyoti-II JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No
Jyoti 2017.09.07 10:53 I attest to the accuracy and authenticity of this document
2 issues framed by the court
Whether the FIR registered under dowry harassment offences can be quashed in view of a genuine compromise between the parties.
Whether continuance of criminal prosecution constitutes an exercise in futility after the dispute has been amicably settled.
Colour shows how this judgement treated each authority
Gian Singh Versus State of Punjab and anotherReferred¶23
Gian Singh Versus State of Punjab and another, 2012(4) RCR (Cr.) 543
2 provisions across 2 enactments
Amit Grover
State of Punjab
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
