IN THE HIGH COURT OF PUNJAB HARYANA AT
CRM-M-62323 of 2018.
Decided on:- March 13, 2020.
Chiranjeev Bharadwaj and others
State of Punjab and another
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
1 of 4
22-03-2020 22:33:05 :::
CRM-M-62323 of 2018 -2-
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
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.
2 of 4
22-03-2020 22:33:06 :::
CRM-M-62323 of 2018 -3-
Learned State counsel also does not dispute the factum of
compromise between the parties. However, she states that the matter is still
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-
3 of 4
22-03-2020 22:33:06 :::
CRM-M-62323 of 2018 -4-
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
Whether speaking/reasoned: Yes
Whether Reportable: No
4 of 4
22-03-2020 22:33:06 :::