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Chiranjeev Bhardwaj And Ors vs State Of Punjab And Anr on 13 March, 2020

257
IN THE HIGH COURT OF PUNJAB HARYANA AT
CHANDIGARH

CRM-M-62323 of 2018.
Decided on:- March 13, 2020.

Chiranjeev Bharadwaj and others
………Petitioners.
Versus
State of Punjab and another
………Respondents.

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

*****

Present:- Mr. Surinder Pal, Advocate
for the petitioners.

Ms. Ruchika Sabharwal, A.A.G., Punjab.

Mr. Rajinder Kumar, Advocate for
Mr. P.S. Dhaliwal, 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 FIR No.319 dated 28.07.2018 under Sections 498-A and 406 IPC

registered at Police Station City Barnala, District Barnala (Annexure P-1) and

all subsequent proceedings arising therefrom on the basis of settlement

agreement dated 05.09.2018 (Annexure P-2) arrived at the Mediation and

Conciliation Centre, Barnala.

This Court vide order dated January 07, 2019 had directed the

parties to appear before the Illaqa Magistrate/trial Court to get their respective

statements recorded with regard to compromise on 28.01.2019 and the Court

was directed to send its report qua genuineness of the compromise. Since the

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parties could not appear before learned Magistrate on 28.01.2019, vide order

dated September 11, 2019, the parties were again directed to appear before

the Illaqa Magistrate/trial Court on 27.09.2019 to get their statements

recorded in terms of order dated 07.01.2019 passed by this Court.

Pursuant to the aforesaid order, the petitioners as well as

respondent No.2 have appeared before learned Chief Judicial Magistrate,

Barnala and got their statements recorded on 27.09.2019. On the basis of the

statements so recorded by the parties, learned Magistrate has submitted report

dated 19.10.2019 to the effect that the compromise effected between the

complainant and accused is genuine, without any pressure and coercion or

undue influence.

The FIR in question has been recorded on the basis of statement

of respondent No.2-complainant Shivangi. She has already made a statement

before learned Magistrate in support of the compromise. Her statement so

recorded by learned Magistrate on 27.09.2019 reads as under:

“Stated that I am complainant in this case and the present
FIR no.319 dated 28.07.2018, under Section 498A, 406 of IPC,
PS City Barnala was registered on my statement against the
accused Chiranjeev Bhardwaj, Mukesh Kumar Bhardwaj and
Smt. Ujjala, all residents of H.No.507 Sector-1 Manesar District
Gurugram. Now I have compromised the matter with the all the
above named three accused without any pressure, coercion with
the intervention of respectable. I have no objection if FIR no.319
dated 28.07.2018, under Section 498A, 406 of IPC, PS City
Barnala be quashed.”

Learned counsel for respondent No.2 does not dispute the factum

of compromise between the parties.

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Learned State counsel also does not dispute the factum of

compromise between the parties. However, she states that the matter is still

under investigation.

In view of the above, continuation of the proceedings before the

trial Court in the instant FIR qua the petitioners shall be an abuse of the

process of law.

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 well as the law laid down in Gold Quest International

Private Limited’s case (supra), the present petition is allowed and the FIR

No.319 dated 28.07.2018 under Sections 498-A and 406 IPC registered at

Police Station City Barnala, District Barnala (Annexure P-1) and all

consequential proceedings arising therefrom are quashed qua the petitioners on

the basis of settlement agreement dated 05.09.2018 (Annexure P-2) arrived at

the Mediation and Conciliation Centre, Barnala, however, subject to payment

of costs of Rs.10,000/- to the Government Multi Speciality Hospital, Sector-

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16, Chandigarh, which shall be paid by the petitioners within a period of one

month from today. This amount shall be utilized for the welfare of poor and

needy patients under the supervision of concerned Medical Superintendent.

(HARI PAL VERMA)
March 13, 2020 JUDGE
Yag Dutt

Whether speaking/reasoned: Yes

Whether Reportable: No

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