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Gaganjit Singh Walia And Ors vs State Of Punjab And Ors on 11 January, 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Criminal Misc. No.M-30019 of 2018
Date of Decision: 11.01.2019

Gaganjit Singh Walia others
…Petitioner(s)
Versus
State of Punjab others
…Respondent(s)

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

Present:- Mr. Manoj Kumar, Advocate
for the petitioners.

Mr. Jagmohan Ghumman, DAG, Punjab.

Mr. Jasraj Singh, Advocate
for respondents no.2 and 3.
*****

HARI PAL VERMA, J. (Oral)

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of FIR No.77 dated 06.06.2013 under Sections 498-A IPC and

Sections 406 IPC (added later on) registered at Police Station Bullowal,

District Hoshiarpur (Annexure P-1) and all further proceedings arising

therefrom, on the basis of compromise dated 12.07.2018 (Annexure P-2)

arrived at between the parties.

This Court vide order 19.07.2018 had directed the parties to

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

recorded with regard to the compromise so arrived and the learned Illaqa

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

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

recorded and to intimate whether any PO proceedings are pending against

any of the parties on or before the date fixed i.e. 12.09.2018.

Pursuant to the aforesaid order passed by this Court, the

parties have appeared before the trial Court and the statements of the

complainant – Sarwan Singh and the victim – Kulwinder Kaur were

recorded, on the basis of which, learned trial Court has reported that the

compromise has been executed by the parties out of their free will and

without any fear, threat, coercion or undue influence and the same is

genuine and valid. No PO proceedings are pending against any of the

parties. The statement of the victim Kulwinder Kaur reads as under:-

“On the statement of my father namely Sh. Sarwan
Singh, the FIR No.77 dated 06.06.2013, under Section 498-A
IPC and Section 406 IPC added later on, was registered at PS
Bullowal, District Hoshiarpur against accused (1) Gaganjit
Singh Walia (2) Jagdip Singh Walia and (3) Parminder Kaur
Walia. In the said case, challan has already been presented
by the police and now, the case is pending for trial in the
Court of Ld. Addl. Chief Judicial Magistrate, Hoshiarpur and
is fixed for 18.08.2018. Now, with the intervention of the
respectable persons of the society, myself and my father
Sarwan Singh have effected the compromise Mark-A with the
above said persons (accused in this case). Now, there is no
dispute between us. The compromise Mark-A is out of free
will and is without any fear, threat, coercion or undue
influence and it has been made voluntarily and the same is
genuine one. The compromise Mark-A bears my signatures as
well as accused persons. Now, I have no objection if the
present FIR against accused be quashed. There is no other

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accused except the above mentioned and no PO proceedings
are pending against me.”

Apart from above, a similar statement has been made by

respondent no.-3 Sarwan Singh, who is the author of the FIR, whereby he

has shown no objection to the FIR being quashed.

This Court has been informed that in terms of the compromise

(Annexure P-2), an amount of Rs.2,25,000/- has already been paid to

Kulwinder Kaur-victim by way of demand draft dated 09.07.2018 at the

stage of first motion hearing in the petition filed under Section 13-B of the

Hindu Marriage Act, 1955 and the remaining amount of Rs.2,25,000/- is

required to be paid at second motion hearing, which is fixed for

22.02.2019.

Learned counsel for respondent nos.2 and 3 has not disputed

the factum of compromise between the parties and has no objection to the

FIR being quashed.

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 Gold 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

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

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conviction, there is no illegality in quashing the proceedings under Section

482 Cr.P.C read with Article 226 of the Constitution.

In view of above, considering the fact that the matter has been

compromised between the parties, which fact has not been disputed by

learned counsel for the respondents-complainant and victim, and following

the principles laid down by the Full Bench judgment of this Court in

Kulwinder Singh and others v. State of Punjab and another, 2007 (3)

RCR (Criminal) 1252 (PH), as approved by the Hon’ble Supreme Court

in Gian Singh vs. State of Punjab and others, (2012)12 SCC 303, as well

as Gold Quest International Private Ltd.’s case (supra), this Court finds

that the present petition deserves to be allowed.

Accordingly, the present petition is allowed and FIR No.77

dated 06.06.2013 under Sections 498-A IPC and Section 406 IPC (added

later on) registered at Police Station Bullowal, District Hoshiarpur

(Annexure P-1) and all further proceedings arising therefrom are quashed

qua the petitioners on the basis of compromise dated 12.07.2018

(Annexure P-2) arrived at between the parties.

January 11, 2019 ( HARI PAL VERMA )
AK JUDGE

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

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