In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-4173 of 2015 Date of Decision: 30.6.2015 [ENTITY] and Others Petitioner(s) Versus [ENTITY] and Another Respondent(s) CORAM: Hon'ble Mr. Justice [ENTITY]. Present: Mr. [ENTITY], Advocate for the petitioner(s). Mr. [ENTITY], Assistant Advocate General, Haryana for respondent No.1. Mr. [ENTITY], Advocate for Mr. [ENTITY], Advocate for respondent No.2. [ENTITY], J.
1. The present petition has been filed by the petitioners under [SECTION] of the [ACT] (hereinafter referred to as "[ACT]") for seeking quashing of FIR No. 293 dated 13.4.2013, registered under [SECTION], [SECTION], [SECTION] & [SECTION] of the [ACT] (hereinafter referred to as "[ACT]") at Police Station Civil Lines, Karnal, District Karnal and all the subsequent proceedings on the basis of the compromise deed dated 31.1.2015 (Annexure P2).
2. Vide order dated 27.4.2015, this Court has directed the parties to get their statements recorded before the learned Illaqa Magistrate. The learned Illaqa Magistrate was also directed to send its report with regard to the validity or otherwise of the compromise after recording the statements of the concerned parties.
3. In compliance of the aforesaid order, report has been received from the learned Judicial Magistrate Ist Class, Karnal through the learned District & Sessions Judge, Karnal along with the copies of the statements of the parties. In the report, it is stated that the complainant-
respondent No.2 has entered into a compromise with the the petitioners of her own volition and without any sort of pressure or coercion.
4. Learned counsel for the petitioners contended that the parties have amicably resolved the dispute and the continuation of the proceedings will be an abuse of the process of the Court. The compromise, between the parties voluntarily and with their free will, should be given due weightage and the present proceedings should be quashed. To support his contentions, he relied upon the judgments rendered by the Hon'ble Apex Court in [PRECEDENT] and [PRECEDENT] and also by Full Bench of this Court in [PRECEDENT]
5. Learned counsel for respondent No.2 has very fairly conceded that in view of the compromise effected between the parties, the complainant/victim has no objection if the impugned FIR and the consequential proceedings are quashed.
6. The petitioners have been indicted as accused for the offences punishable under [SECTION], [SECTION], [SECTION] & [SECTION] [ACT] on the complaint made by respondent No.2-[ENTITY] that she has been harassed and maltreated for bringing insufficient dowry at the time of marriage.
7. From the statements of the complainant as well as of the petitioners recorded by the learned Judicial Magistrate and her report, it comes out that both the parties have voluntarily and with their free consent without any inducement, threat or promise, sorted out their dispute and have effected compromise. The copy of the compromise deed has already been placed on record as Annexure P2.
8. Taking into consideration these facts, this Court is of the opinion that the ultimate chances of conviction of the petitioners are bleak. Therefore, the pendency of FIR and continuation of the proceedings would be a sheer abuse of the process of law.
9. Thus, in view of the factum of the compromise and the law laid down by the Hon'ble Apex Court and also the Full Bench of this Court in the cases referred to above, this petition is hereby allowed. FIR No. 293 dated 13.4.2013, registered under [SECTION], [SECTION], [SECTION] & [SECTION] [ACT] at Police Station Civil Lines, Karnal, District Karnal and all the consequent proceedings arising therefrom are hereby quashed. If the case has already been decided by the trial Court, then this order will be of no effect.
([ENTITY]) Judge June 30, 2015 "DK"