P&H HC | Compromise between parties renders continuation of prosecution futile, FIR quashed

Punjab and Haryana High Court: This petition was filed before the Bench of Jaishree Thakur, J., under Section 482 of Criminal Procedure Code invoking the inherent power of High Court seeking quashing of FIR registered under Sections 498-A, 406, 323, 506 and 34 of Penal Code and all subsequent proceedings arising therefrom on the basis of compromise entered between the parties.

Facts of the case were that the respondent was married with petitioner and out of this wedlock, a child was born. However, temperamental differences arose between the husband and wife and FIR was registered by respondent. But the same was compromised between the two with the intervention of respectable persons. It was submitted before the Court that their statements were recorded in support of the compromise. In pursuance of which a report was received from the Judicial Magistrate (First Class) stating that the compromise was done without any pressure or coercion from anyone. DAG, Haryana had admitted before the Court that the parties had settled their dispute and had no objection to the quashing of the FIR.

High Court was of the view that a decision which is based on compromise causes no loss to any party rather it would bring peace and harmony between the parties to a dispute and restore tranquility in the society. In the light of nature of offence alleged and compromise entered between the parties continuing the prosecution was considered futile. Therefore, this petition was allowed and FIR was quashed. [Vikas Khatri v. State of Haryana, CRM-M-38284-2017 (O&M), decided on 01-08-2018]

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.