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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CRM-M-38459-2019 -2-
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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CRM-M-38459-2019 -3-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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