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Amit And Others vs State Of Haryana And Others on 27 September, 2019

124.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-25275-2019
Date of decision: 27.09.2019

AMIT AND OTHERS … Petitioners

versus

STATE OF HARYANA AND OTHERS …. Respondents

CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
—-

Present: Mr. S.K. Verma, Advocate,
for the petitioners.

Ms. Gaganpreet Kaur, AAG, Haryana,
for respondent No.1.

None for respondents No.2 3.
—-

HARI PAL VERMA, J.(Oral)

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of F.I.R. No.0678 dated 15.10.2018 registered under Sections 323,

Section34, Section406, Section498A, Section506 of IPC at Police Station Dadri Sadar, District Charkhi

Dadri (Annexure P-1) and all subsequent proceedings arising therefrom on

the basis of compromise deed dated 25.03.2019 (Annexure P-2) as well as

affidavits dated 19.04.2019 27.03.2019 of respondents No.2 and 3

(Annexures P-3 P-4) respectively.

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 Chief Judicial Magistrate, Charkhi Dadri and got their

statements recorded. On the basis of the statements so recorded, learned

Magistrate has submitted report dated 12.09.2019 to the effect that the

compromise is genuine and has been effected between the parties

voluntarily, without any coercion or undue influence.

Though today none has put in appearance on behalf of

respondent No.2-complainant, namely, Kamal Singh as well as respondent

No.3 (daughter of Kamal Singh), but no prejudice would be caused to them

as they have already made a joint statement with regard to compromise

before learned Magistrate on 02.09.2019. The same is reproduced as under:-

“Stated that the case FIR No.678 dated 15.10.2018,
under Sections 323/406/498A/506 r.w. Section 34 IPC, P.S.
Sadar Dadri was got registered by us. After registration of
F.I.R., with the intervention of respectables of the society and
relatives, the matter has been compromised and both the
parties have no objection if the F.I.R. in question is quashed.”

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.

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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

Limited’s case (supra), this petition is allowed and F.I.R. No.0678 dated

15.10.2018 registered under Sections 323, Section34, Section406, Section498A, Section506 of IPC at

Police Station Dadri Sadar, District Charkhi Dadri (Annexure P-1) and all

subsequent proceedings arising therefrom are quashed qua the petitioners on

the basis of compromise deed dated 25.03.2019 (Annexure P-2) as well as

affidavits dated 19.04.2019 27.03.2019 of respondents No.2 and 3

(Annexures P-3 P-4) respectively, 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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