SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Deepak And Others vs State Of Haryana And Another on 1 October, 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Criminal Misc. No.M-30628 of 2019 (OM)
Date of Decision: 01.10.2019

Deepak others
…Petitioner(s)
Versus
The State of Haryana another
…Respondent(s)

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

Present:- Mr. Arav Gupta, Advocate
for the petitioner.

Ms. Gaganpreet Kaur, AAG, Haryana.

Mr. Shiva khurmi, 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.122 dated 08.05.2016 under Sections 323, Section406, Section498A,

Section354, Section506 and Section34 IPC registered at Police Station, Old Faridabad, District

Faridabad and subsequent proceedings arising therefrom, on the basis of

compromise/joint statements (Annexures P-4 and P-5).

This Court vide order 19.07.2019 had directed the parties to

appear before the Illaqa Magistrate/Trial Court to get their statements

recorded with regard to compromise so arrived and learned Illaqa

Magistrate/Trial Court was directed to submit its report regarding the

1 of 3
06-10-2019 16:06:23 :::
Criminal Misc. No. M-30628 of 2019 -2-

genuineness of the compromise so effected on the basis of statements so

recorded.

Pursuant to the aforesaid order, the parties have appeared

before Judicial Magistrate Ist Class, Faridabad and got their statements

recorded. Learned Magistrate has forwarded his report dated 14.08.2019 to

the effect that the compromise and settlement arrived at between the two

sides is genuine, voluntary and without any threat pressure or undue

influence. The joint statement of the complainant along with other family

reads as under:-

“Stated that we have mutually compromised the dispute
with our own wish and consent and without any pressure. We
have left no grudges with each other. We do not want to
proceed further the present case.

Complainant 1 and 2 has obtained divorce from
accused No.1 and 2 and they have re-married and have no
objection to quash the present FIR/proceedings”.

Mr. Shiva Khurmi, Advocate has put in appearance on behalf

of respondent no.2-complainant has not disputed the factum of compromise

between the parties.

Learned State counsel also does not dispute the factum of

compromise effected between the parties.

There is nothing on record to doubt the genuineness of the

compromise, as arrived between the parties. Thus, no useful purpose would

be served to continue with the proceedings in the instant FIR.

Hon’ble the Apex Court in SectionGold Quest International Private

Ltd. vs. State of Tamil Nadu and others, 2014(4) RCR (Criminal) 206

has held that the disputes which are substantially matrimonial in nature, or

2 of 3
06-10-2019 16:06:24 :::
Criminal Misc. No. M-30628 of 2019 -3-

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.

Accordingly, following the principles laid down by the Full

Bench judgment of this Court in SectionKulwinder Singh and others v. State of

Punjab and another, 2007 (3) RCR (Criminal) 1252 (PH), as approved

by the Hon’ble Supreme Court in SectionGian Singh vs. State of Punjab and

others, (2012)12 SCC 303, this petition is allowed and FIR No.122 dated

08.05.2016 under Sections 323, Section406, Section498A, Section354, Section506 and Section34 IPC registered

at Police Station, Old Faridabad, District Faridabad and the subsequent

proceedings arising therefrom are quashed qua the petitioner, on the basis

of compromise/joint statements (Annexures P-4 and P-5).

October 01, 2019 ( HARI PAL VERMA )
AK JUDGE

Whether speaking / reasoned? Yes / No
Whether reportable? Yes / No

3 of 3
06-10-2019 16:06:24 :::

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation