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Gurvinder Singh & Anr vs Ut Of Chandigarh & Anr on 1 May, 2019

289.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-43303-2018
Date of decision:01.05.2019

GURVINDER SINGH ANR … Petitioners

versus

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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CRM-M-43303-2018 -2-

submitted report dated 01.03.2019 to the effect that the compromise has

been effected between the parties voluntarily and without any coercion or

undue influence.

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
letter.”

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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CRM-M-43303-2018 -3-

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)
JUDGE
01.05.2019
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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