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Harkesh Saini And Others vs State Of Punjab And Anr on 16 January, 2019

CRM-M No.43727 of 2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

262 CRM-M No.43727 of 2018
Date of decision: 16.01.2019

Harkesh Saini and another …. Petitioners

versus

State of Punjab and another …. Respondents

CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA

Present: Mr. Vaibhav Narang, Advocate
for the petitioners.

Mr. Jagmohan Ghumman, D.A.G., Punjab.

Mr.Amit Wadhwa, 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.99 dated 26.12.2015, under Sections 406/498-A IPC,

registered at Police Station Women, District Amritsar and all the

consequential proceedings arising therefrom on the basis of the compromise

dated 20.04.2017 (Annexure P-1).

This Court vide order dated 21.11.2018 had directed the parties

to appear before the trial court to get their statements recorded and the

learned trial court 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, Amritsar and got their statements

recorded. On the basis of the statements so recorded, learned Magistrate has

submitted report dated 07.12.2018 to the effect that the parties have

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CRM-M No.43727 of 2018 -2-

compromised the matter with their free consent and without any pressure,

threat, coercion or undue influence from any quarter and the same is valid

and genuine.

Respondent No.2-Complainant, namely, Inderjit Kaur, has

made a statement with regard to compromise before learned Magistrate on

28.11.2018. The same is reproduced as under:-

“That a case has been got registered by me
against accused-Harkesh Saini and Satwinder
Kaur bearing FIR No.99 dated 26.12.2015 u/s
406/498A IPC 1985 at Police Station Women,
District Amritsar in which the matter has been
compromised between the parties. The above said
compromise is out of our free will and without any
pressure or undue influence or threat. That I have
no objection if the aforesaid FIR along with all
proceedings consequent thereto against the
accused person be quashed”

Learned State counsel as well as learned counsel for respondent

No.2 have 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 F.I.R.

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 when the disputes are substantially matrimonial in nature,

or are civil property disputes with criminal facets, if the parties enter into a

settlement, and it becomes 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 of India.

Thus, following the principles laid down by the Full Bench

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CRM-M No.43727 of 2018 -3-

judgment of this Court in Kulwinder Singh and others Versus State of

Punjab and another 2007 (3) RCR (Criminal) 1052, as approved by the

Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others

(2012) 10 SCC 303 also, in the light of Gold Quest International Private

Limited’s case (supra), this petition is allowed. FIR No.99 dated

26.12.2015, under Sections 406/498-A IPC, registered at Police Station

Women, District Amritsar and all the consequential proceedings arising

therefrom are hereby quashed qua the petitioners on the basis of the

compromise dated 20.04.2017 (Annexure P-1).

(HARI PAL VERMA)
JUDGE
16.01.2019
anju

1.Whether speaking/non-speaking? Yes/No

2.Whether reportable? Yes/No

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