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Ajay Kumar And Others vs State Of Haryana And Another on 27 September, 2019

125.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-25295-2019
Date of decision: 27.09.2019

AJAY KUMAR AND OTHERS … Petitioners

versus

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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CRM-M-25295-2019 -3-

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)
JUDGE
27.09.2019
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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