IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of decision: 27.09.2019
AJAY KUMAR AND OTHERS … Petitioners
STATE OF HARYANA AND ANOTHER …. Respondents
CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
Present: Mr. Kuldeep Vashishth, Advocate,
for the petitioners.
Ms. Gaganpreet Kaur, AAG, Haryana,
for respondent No.1.
Mr. Pintu Kumar, Advocate,
for respondent No.2.
HARI PAL VERMA, J.(Oral)
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.307 dated 12.08.2015 registered under Sections
498A/Section406/Section506 of IPC at Police Station Bilaspur, District Gurugram
(Annexure P-1) and all subsequent proceedings arising therefrom on the
basis of compromise/settlement dated 10.08.2018 (Annexure P-2) as well as
affidavit of respondent No.2-complainant dated 28.05.2019 (Annexure P-3).
This Court vide order dated 30.05.2019 had directed the parties
to appear before the Illaqa Magistrate/trial Court to get their statements
recorded and the learned Magistrate was directed to send its report qua the
genuineness of the compromise.
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Pursuant to the aforesaid order, parties have appeared before
learned Additional Civil Judge (Senior Division)-cum-SDJM, Pataudi and
got their statements recorded. On the basis of the statements so recorded,
learned Magistrate has submitted report dated 01.08.2019 to the effect that
the compromise has been effected between the parties voluntarily, without
any influence and threat.
Respondent No.2-complainant, namely, Poonam has made her
statement with regard to compromise before learned Magistrate on
26.07.2019 to the effect that she has compromised the matter with the
accused with her own will and without any pressure and she has no
objection in case the present FIR is quashed qua the petitioners.
In view of the above, no useful purpose would be served to
continue with the proceedings before the trial Court in the instant FIR.
Hon’ble Supreme Court in Gold Quest International Private
Limited Versus State of Tamil Nadu and others-2014 (4) RCR (Criminal)
206 has held that the disputes which are substantially matrimonial in nature,
or the civil property disputes with criminal facets, if the parties have entered
into settlement, and it has become clear that there are no chances of
conviction, there is no illegality in quashing the proceedings under Section
482 Cr.P.C. read with SectionArticle 226 of the Constitution.
Thus, following the principles laid down by the Full Bench
judgment of this Court in Kulwinder Singh and others Versus State of
Punjab and another 2007 (3) RCR (Criminal) 1052 and approved by the
Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others
(2012) 10 SCC 303 as also in the light of Gold Quest International Private
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Limited’s case (supra), this petition is allowed and F.I.R. No.307 dated
12.08.2015 registered under Sections 498A/Section406/Section506 of IPC at Police Station
Bilaspur, District Gurugram (Annexure P-1) and all subsequent proceedings
arising therefrom are quashed qua the petitioners on the basis of
compromise/settlement dated 10.08.2018 (Annexure P-2) as well as affidavit
of respondent No.2-complainant dated 28.05.2019 (Annexure P-3), however,
that would be subject to payment of costs of Rs.15,000/- to be deposited
with the Pandit Bhagwat Dayal Sharma Post Graduate Institute of Medical
Sciences (PGIMS), Rohtak, within one month from today.
(HARI PAL VERMA)
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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