IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of decision:01.05.2019
GURVINDER SINGH ANR … Petitioners
STATE OF UT CHANDIGARH ANR …. Respondents
CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
Present: Mr. Sudhir Sharma, Advocate,
for the petitioners.
Mr. J.S. Toor, APP, UT, Chandigarh,
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.381 dated 26.11.2010 registered under Sections 406,
Section498A of IPC at Police Station Sector 34, Chandigarh (Annexure P-1) and all
subsequent proceedings arising therefrom on the basis of compromise dated
08.08.2018 (Annexure P-2).
This Court vide order dated 25.01.2019 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, Chandigarh and got their statements
recorded. On the basis of the statements so recorded, learned Magistrate has
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submitted report dated 01.03.2019 to the effect that the compromise has
been effected between the parties voluntarily and without any coercion or
Though today none has put in appearance on behalf of
respondent No.2-complainant, namely, Kulwant Kaur but no prejudice
would be caused to her as she has already made her statement with regard to
compromise before learned Magistrate on 28.02.2019. The same is
reproduced as under:-
“I have no objection if the FIR be quashed against
accused persons as matter has been compromised with my free
will and consent. I have received copy of affidavit in which
accused have deposed that they are not having possession of
Learned counsel appearing on behalf of UT Chandigarh 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.
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
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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.381 dated
26.11.2010 registered under Sections 406, Section498A of IPC at Police Station
Sector 34, Chandigarh (Annexure P-1) and all subsequent proceedings
arising therefrom are quashed qua the petitioners on the basis of compromise
dated 08.08.2018 (Annexure P-2).
(HARI PAL VERMA)
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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