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Judgments of Supreme Court of India and High Courts

Gurdev Singh And Ors vs State Of Punjab And Anr on 28 February, 2019

262
IN THE HIGH COURT OF PUNJAB HARYANA AT
CHANDIGARH

CRM-M-46845 of 2017.
Decided on:- February 28, 2019.

Gurdev Singh and others
………Petitioners.
Versus

State of Punjab and another

………Respondents.

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

*****
Present:- Mr. Nitin Sharma, Advocate for
Mr. Ramesh Sharma, Advocate
for the petitioners.

Mr. Rana Harjasdeep Singh, Dy. Advocate General, Punjab.

HARI PAL VERMA, J. (Oral)

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

quashing of FIR No.14 dated 21.08.2016 under Sections 498-A and 406 IPC

registered at Police Station Women, District Ludhiana Rural (Annexure P-1)

and all subsequent proceedings arising therefrom on the basis of compromise

by way of affidavit dated 28.01.2017 (Annexure P-2).

This Court vide order dated 08.12.2017 had directed the parties

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

statements recorded with regard to compromise and the Court was directed to

send its report qua genuineness of the compromise, however, parties could not

appear. Again vide order dated 21.12.2017, another opportunity was granted

to the parties to get their statements recorded in terms of order dated

08.12.2017 passed by this Court.

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Pursuant to the aforesaid order, the petitioners as well as

respondent No.2-complainant have appeared before learned Judicial

Magistrate 1st Class, Jagraon and got their statements recorded on 05.01.2018.

On the basis of the statements so recorded by the parties, learned Magistrate

has submitted the report dated 10.01.2018 to the effect that the compromise

between the parties is voluntary and genuine.

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

of respondent No.2-complainant Harpreet Kaur. Though nobody has appeared

on her behalf in Court today, but it would not prejudice her interest in any

manner, as she has already made a statement before learned Magistrate in

support of the compromise. Her statement so recorded before learned

Magistrate on 05.01.2018 reads as under:

“Stated that the present FIR No.14 dated 21.08.2016 was
registered on my statement against all the accused, under
Sections 406, 498A of Indian Penal Code, Police Station Women
Cell Jagraon. I have compromised the matter with all the
accused namely Sukhdeep Singh son of Gurdev Singh, resident of
village Gorsian Kadar Baksh, Tehsil Jagraon, District Ludhiana,
Gurdev Singh son of Succha Singh resident of village Gorsian
Kadar Baksh, Tehsil Jagraon, District Ludhiana and Balwinder
Kaur w/o Gurdev Singh, resident of village Gorsian Kadar
Baksh, Tehsil Jagraon, District Ludhiana with the intervention of
respectable of the locality without any fear or pressure. I have no
objection, if the present FIR and subsequent orders may kindly
be quashed.”

Learned counsel for the petitioners states that in terms of the

compromise so arrived between the parties, the petition under Section 13-B(1)

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CRM-M-46845 of 2017 -3-

of the Hindu Marriage Act, 1955 jointly filed by respondent No.2 Harpreet

Kaur and petitioner No.3 Sukhdeep Singh has been allowed by learned

Additional Civil Judge (Senior Division), Jagraon vide judgment and decree

dated 24.08.2017 (Annexure P-3).

Learned State counsel has not disputed the factum of

compromise effected between the parties.

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.14 dated 21.08.2016 under Sections 498-A and 406 IPC registered at

Police Station Women, District Ludhiana Rural (Annexure P-1) and all

consequential proceedings arising therefrom are quashed qua the petitioners

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on the basis of compromise by way of affidavit dated 28.01.2017 (Annexure

P-2), however, subject to payment of costs of Rs.10,000/- to be paid by the

petitioners to the Poor Patients’ Welfare Fund of the Postgraduate Institute of

Medical Education and Research (PGIMER), Chandigarh within a period of

one month from today.

(HARI PAL VERMA)
February 28, 2019 JUDGE
Yag Dutt

Whether speaking/reasoned: Yes

Whether Reportable: No

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