294.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-54057-2018
Date of decision:01.05.2019

DILIP SINGH AND ORS … Petitioners

versus

STATE OF PUNJAB AND ANR …. Respondents

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

Present: Mr. Paras Chugh, Advocate, for
Mr. Ashutosh Gupta, Advocate,
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.0058 dated 01.12.2016 registered under Sections 406

and Section498-A of IPC at Police Station Women Cell, District SAS Nagar

(Annexure P-1) and all subsequent proceedings arising therefrom on the

basis of compromise dated 06.04.2018 (Annexure P-2) arrived at between

the parties before the Mediation and Conciliation Centre of this Court.

This Court vide order dated 23.01.2019 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 Judicial Magistrate Ist Class, SAS Nagar and got their statements
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recorded. On the basis of the statements so recorded, learned Magistrate has

submitted report dated 15.03.2019 to the effect that the compromise is

genuine and has been effected between the parties voluntarily and without

any pressure or undue influence.

Though today none has put in appearance on behalf of

respondent No.2-complainant, namely, Kiratjot Kaur @ Jyoti but no

prejudice would be caused to her as she has already made her statement with

regard to compromise before learned Magistrate on 15.02.2019. The same is

reproduced as under:-

“Stated that FIR No.58, dated 01.12.2016 under Section
406, 498A, SectionIPC, PS Women Cell, Mohali was registered by me
against Dilip Singh s/o Balwant Singh, Balwant Singh s/o Lt.
Mahendra Singh, Neelmani Singh w/o Balwant Singh, Hardeep
Kaur w/o Lt. Sher Singh, Kuldeep Kaur w/o Lt. Sh. Bittu Singh
and Vikram Singh s/o Late Sh. Sher Singh all r/o of Madan
Mohan Malviya Ward, PS Naya Munda, Bodhghat, near
Chopra Mill, Jagdalpur, Distt. Bastar, Chhattisgarh, Balbir
Singh (brother in law) s/o Balwant Singh r/o Kumhar Para,
Near Ayurvedic Hospital, Jagdalpur, Distt. Bastar, Chattisgarh
and Surinder Kaur w/o Raj Rajinder Singh r/o Telibanda, Near
Marine Drive, behind Gurudwara, Raipur, Chattisgarh. I have
effected a compromise with the all accused. I do not want to
pursue with the present FIR case. I have no objection in case
the FIR registered against above named accused is quashed.
The above said compromise was effected by me with my free
will without any pressure and coercion.”

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.

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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 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.0058 dated

01.12.2016 registered under Sections 406 and Section498-A of IPC at Police Station

Women Cell, District SAS Nagar (Annexure P-1) and all subsequent

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

compromise dated 06.04.2018 (Annexure P-2) arrived at between the parties

before the Mediation and Conciliation Centre of this Court.

(HARI PAL VERMA)
JUDGE
01.05.2019
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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