261.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-38459-2019
Date of decision: 29.01.2020

BALWINDER SINGH THROUGH HIS POWER OF ATTORNEY AND
ANOTHER
… Petitioners

versus

STATE OF PUNJAB AND ANOTHER …. Respondents

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

Present: Mr. Dheeraj Mahajan, Advocate,
for the petitioners.

Ms. Ruchika Sabherwal, AAG, Punjab,
for respondent No.1.

Ms. Sheenam Kamboj, Advocate, for
Mr. Amit Rana, 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.13 dated 02.02.2019 registered under Sections 498-A,

406 of IPC at Police Station Mukerian, District Hoshiarpur (Annexure P-1)

and all subsequent proceedings arising therefrom on the basis of

compromise dated 01.06.2019/29.08.2019 (Annexure P-2).

This Court vide order dated 10.09.2019 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 Sub Divisional Judicial Magistrate, Mukerian and got their

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

Magistrate has submitted report dated 13.11.2019 to the effect that the

compromise is genuine and has been effected between the parties voluntarily

and without any coercion or pressure.

Respondent No.2-complainant, namely, Kajal has made her

statement with regard to compromise before learned Magistrate on

29.10.2019. The same is reproduced as under:-

“That with the intervention of the respectables of the
area, I have entered into a compromise (P-2) with the accused
party, which is genuine compromise and effected voluntarily,
without any coercion or undue influence in order to establish
peace and harmony with the intervention of respectables.
Petition under Section 482 Cr.P.C. was filed by accused party
which is pending in the Hon’ble Punjab and Haryana High
Court for quashing of FIR No.13 dt. 02.02.2019 u/s 498A, 406
IPC registered at PS Mukerian. I have effected the compromise
with the accused party voluntarily and without any pressure.
The compromise effected between us is genuine. Copy of
compromise is Ex.PX (containing 8 pages). There are two
persons namely Balwinder Singh and Mamta Devi arrayed as
accused in said FIR. No person was declared as proclaimed
offender in this case. The stage of Trial/proceedings is for
awaiting challan. I have made this statement today in the Court
voluntarily and without any coercion or undue influence. I have
no objection if the FIR No.13 dt. 02.02.2019 u/s 498A, 406 IPC
registered at PS Mukerian, be quashed against accused party.”

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Learned counsel for the petitioners states that the matter has

been compromised between the parties and a joint petition under Section

13-B of Hindu Marriage Act has been filed wherein statement at the first

motion stage has already been recorded and the case is fixed for second

motion statement on 28.05.2020.

Learned counsel appearing on behalf of respondent No.2 does

not dispute the factum of compromise between the parties.

Learned State counsel states that the matter is under

investigation.

In view of above, it being a matrimonial dispute and the matter

having been compromised between the parties, 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

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Limited’s case (supra), this petition is allowed and F.I.R. No.13 dated

02.02.2019 registered under Sections 498-A, 406 of IPC at Police Station

Mukerian, District Hoshiarpur (Annexure P-1) and all subsequent

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

compromise dated 01.06.2019/29.08.2019 (Annexure P-2), however, that

would be subject to payment of costs of Rs.10,000/- to be deposited with the

Poor Patients’ Welfare Fund of the Postgraduate Institute of Medical

Education and Research (PGIMER), Chandigarh, within one month from

today.

(HARI PAL VERMA)
JUDGE
29.01.2020
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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