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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