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Judgments of Supreme Court of India and High Courts

Janpreet Singh And Anr vs State Of Punjab And Anr on 28 January, 2020

264
IN THE HIGH COURT OF PUNJAB HARYANA AT
CHANDIGARH

CRM-M-37476 of 2019.
Decided on:- January 28, 2020.

Janpreet Singh and another
………Petitioners.
Versus

State of Punjab and another
………Respondents.

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

*****

Present:- Mr. K.S. Derabassi, Advocate
for the petitioners.

Mr. Hittan Nehra, D.A.G., Punjab.

Ms. Anu Bala Garg, Advocate
for respondent No.2-complainant.

HARI PAL VERMA, J. (Oral)

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

quashing of FIR No.366 dated 02.12.2014 under Sections 324 and 323 read

with Section 34 IPC (Section 498-A IPC added later on) registered at Police

Station Zirakur, District S.A.S. Nagar (Annexure P-1) and all subsequent

proceedings arising therefrom on the basis of petition under Section 13-B of

the Hindu Marriage Act, 1955 dated 08.01.2019 (Annexure P-2) and copy of

statement dated 23.07.2019 (Annexure P-3) made by respondent No.2-

complainant at the second motion stage.

This Court vide order dated September 06, 2019 had directed the

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

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

send its report qua genuineness of the compromise.

Pursuant to the aforesaid order, the parties had appeared before

learned Judicial Magistrate 1st Class, Dera Bassi and got their statements

recorded on 31.10.2019. On the basis of the statements so recorded by the

parties, learned Magistrate has submitted the report dated 04.11.2019 to the

effect that the matter has been compromised between the parties voluntarily

and out of their free will and consent and without any pressure or undue

influence and the same is genuine.

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

of respondent No.2-complainant. She has already made a statement before

learned Magistrate in support of compromise on 31.10.2019, which reads as

under:

“Stated that I have lodged the FIR no.366 Dated
02.12.2014 under Sections 324/323/34 IPC (lateron added
Section 498A of IPC), PS Zirakpur against the accused persons
namely Janpreet Singh and Kulwant Kaur. Now, with the
intervention of the respectables, I have voluntarily entered into
compromise with the accused persons namely Janpreet Singh
and Kulwant Kaur out of my free will and without any pressure
or undue influence, coercion, inducement, threat or promise
from any side. I have no objection if the FIR is quashed by the
Hon’ble Punjab and Haryana High Court. There is no
proclaimed offender in the present case and I am the only
affected person in the present FIR. Copy of my Aadhar Card is
enclosed as Mark P1.”

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Learned State counsel and learned counsel for respondent No.2-

complainant have not disputed the factum of compromise 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.366 dated 02.12.2014 under Sections 324 and 323 read with Section 34

IPC (Section 498-A IPC added later on) registered at Police Station Zirakur,

District S.A.S. Nagar (Annexure P-1) and all consequential proceedings arising

therefrom are quashed qua the petitioners on the basis of petition under Section

13-B of the Hindu Marriage Act, 1955 dated 08.01.2019 (Annexure P-2) and

copy of statement dated 23.07.2019 (Annexure P-3) made by respondent

No.2-complainant at the second motion stage, however, subject to payment of

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total 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)
January 28, 2020 JUDGE
Yag Dutt

Whether speaking/reasoned: Yes

Whether Reportable: No

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