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Judgments of Supreme Court of India and High Courts

Amit Gupta & Ors vs State Of Haryana & Anr on 2 March, 2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Criminal Misc. No.M-7396 of 2014
Date of Decision: 02.03.2020

Amit Gupta others
…Petitioner (s)
Versus
State of Haryana another
…Respondent(s)

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

Present:- Ms. Amanpreet Kaur, Advocate for
Mr. D.S. Sandhu, Advocate
for the petitioner.

Ms. Gaganpreet Kaur, AAG, Haryana.

Mr. Parmod Kumar, Advocate for
Mr. Ashwani Talwar, Advocate
for respondent no.2.
*****

HARI PAL VERMA, J. (Oral)

Prayer in this petition filed under Section 482 CrPC is for

quashing of FIR No.291 dated 11.11.2010 under Sections 498A/406/34

IPC registered at Police Station DLF Phase-II, Gurugram and all

subsequent proceedings arising therefrom.

Though initially, the present petition was filed for quashing of

FIR in question, on merits, but thereafter, the matter having been

compromised, the FIR has been sought to be quashed on the basis of

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settlement agreement dated 17.09.2018 entered between the parties. The

aforesaid settlement agreement dated 17.09.2018 has been made part of

record.

On December 04, 2019, this Court had passed the following

order:-

“Learned counsel for the parties are ad idem that the
matter has been compromised between the parties.

Accordingly, the parties/general power of attorney are
directed to appear before the trial Court to get their
statements recorded in support of the compromise on
16.01.2020.

At this stage, learned counsel for the complainant has
submitted that the compromise dated 17.09.2018 has been
entered between the parties and as a result thereof, a total
amount of Rs.81 lakh has been paid to the complainant which
include Rs.56 lakh in favour of the wife and Rs.25 lakh in
favour of the minor daughter.

Adjourned to 02.03.2020.”

Accordingly, report dated 28.02.2020 has been received from

Judicial Magistrate Ist Class, Gurugram along with statement of the

complainant – Devki Nandan. As per the report, the complainant has made

a statement on oath that he has compromised the entire dispute with the

accused in the present FIR. It has been further submitted that the

compromise has been effected voluntarily, without any threat, inducement

or pressure from any corner. The statement of the complainant reads as

under:-

“Stated that the matter between the parties relating to
FIR No.291/2010 u/ss 498A/406/34 IPC, P.S. DLF-II,
Gurugram have been amicably settled between the parties, as

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per the compromise dated 17.9.2018. In view of this
compromise, now nothing remains due between the parties
and all the disputes have been resolved amicably. Under
these circumstances, it is requested that the FIR No.291/2010
may kindly be quashed. The above statement has given by me
on my own accord without any pressure or influence.”

Counsel for respondent no.2 does not dispute the compromise

so effected between the parties and has no objection to the FIR being

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 Article 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

Limited’s case (supra), this petition is allowed and FIR No.291 dated

11.11.2010 under Sections 498-A/406/34 IPC registered at Police Station

DLF Phase-II, Gurugram and all subsequent proceedings arising therefrom

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are quashed qua the petitioners, on the basis of compromise dated

17.09.2018 (Annexure P-2) entered between the parties.

March 02, 2020 ( HARI PAL VERMA )
AK JUDGE

Whether speaking / reasoned? Yes / No
Whether reportable? Yes / No

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