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Judgments of Supreme Court of India and High Courts

Baljinder Singh And Others vs State Of Punjab And Anr on 1 May, 2019

302.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-3633-2019
Date of decision:01.05.2019

BALJINDER SINGH AND ORS. … Petitioners

versus

STATE OF PUNJAB AND ANR …. Respondents

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

Present: None for the petitioners.

Mr.Rana Harjasdeep Singh, DAG, Punjab,
for respondent No.1.

None 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.267 dated 11.10.2018 registered under Sections 498A,

Section120-B of IPC at Police Station City, District Tarn Taran (Annexure P-1) and

all subsequent proceedings arising therefrom on the basis of compromise

dated 17.01.2019 (Annexure P-2).

This Court vide order dated 25.01.2019 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.

Pursuant to the aforesaid order, parties have appeared before

learned Chief Judicial Magistrate, Tarn Taran and got their statements

recorded. On the basis of the statements so recorded, learned Magistrate has
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submitted report dated 05.02.2019 to the effect that the compromise is

genuine and has been effected between the parties without any undue

influence or coercion.

Though today none has put in appearance on behalf of

respondent No.2-complainant, namely, Mandeep Kaur but no prejudice

would be caused to her as she has already made her statement with regard to

compromise before learned Magistrate on 05.02.2019. The same is

reproduced as under:-

“I am complainant in this case. The matter has been
compromised with Baljinder Singh, Labh Singh and Harbhajan
Kaur without any threat or pressure. Earlier, I was residing
with my parent at 275, Gali Garment Wali, Mohalla Nanaksar,
W. No.7, Tarn Taran and now after the compromise I am
residing in my in law’s house at Village Aujla, P.O. Jeewanwal
Babri, Tehsil District Gurdaspur. I have no objection if the
FIR No.267 dated 11.10.2018 under Sectionsection 498-A/Section120-B IPC
Police station City, Tarn Taran may be quashed.”

Learned State counsel has not disputed the factum of

compromise between the parties.

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

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482 SectionCr.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

Limited’s case (supra), this petition is allowed and F.I.R. No.267 dated

11.10.2018 registered under Sections 498A, Section120-B of IPC at Police Station

City, District Tarn Taran (Annexure P-1) and all subsequent proceedings

arising therefrom are quashed qua the petitioners on the basis of compromise

dated 17.01.2019 (Annexure P-2).

(HARI PAL VERMA)
JUDGE
01.05.2019
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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