267.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-38293-2018
Date of decision:13.02.2019.
JARNAIL SINGH AND ORS … Petitioners
versus
STATE OF PUNJAB AND ANR …. Respondents
CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
—-
Present: Mr. B.S. Randhawa, Advocate,
for the petitioners.
Mr. Jagmohan Ghumman, DAG, Punjab,
for respondent No.1.
Mr. Vipin Mahajan, 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 F.I.R. No.39 dated 30.06.2015 registered under Section 498A,
34, 406 of IPC at Police Station Behrampur, District Gurdaspur (Annexure
P-1) and all subsequent proceedings arising therefrom on the basis of
compromise dated 26.08.2018 (Annexure P-2).
Power of attorney filed on behalf of respondent No.2 in court
today, is taken on record.
This Court vide order dated 04.09.2018 had directed the parties
to appear before the trial Court to get their statements recorded and the
learned Magistrate was directed to send its report qua the genuineness of the
compromise. However, due to non-filing of process fee by the counsel for
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the petitioners, parties could not appear before the trial Court for recording
their statements and vide order dated 01.11.2018, parties were again
directed to appear before the trial Court for recording their statements in
terms of order dated 04.09.2018 passed by this Court.
Pursuant to the aforesaid order, parties have appeared before
learned Judicial Magistrate Ist Class, Gurdaspur and got their statements
recorded. On the basis of the statements so recorded, learned Magistrate has
submitted report dated 15.11.2018 to the effect that the parties have entered
into compromise without any pressure, coercion, undue influence and with
their free consent.
Respondent No.2-complainant, namely, Amandeep Kaur has
made her statement with regard to compromise before learned Magistrate on
06.11.2018. The same is reproduced as under:-
“Stated that in the present case FIR no.39 dated
30.06.2015 P.S. Behrampur under sections 498A, 406 IPC read
with 34 IPC was registered against accused Jarnail Singh son
of Sarwan Singh, Harwant Kaur wife of Jarnail Singh and
Jaskirat Singh son of Jarnail Singh all resident of Village
Khode Bet, Tehsil Dera Baba Nanak, District Gurdaspur on
the basis of my statement given to the police and now I have
entered into compromise with the above said accused person
out of my own free will and without any threat or coercion
from any side and compromise has been entered with
intervention of the respectable of village. I have no objection if
the FIR in the present case is quashed qua the accused and I
do not want to take any action against them.”
Learned State counsel as well as learned counsel for respondent
No.2 have not disputed the factum of compromise between the parties.
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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 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 also in the light of Gold Quest International Private
Limited’s case (supra), this petition is allowed and F.I.R. No.39 dated
30.06.2015 registered under Section 498A, 34, 406 of IPC at Police Station
Behrampur, District Gurdaspur (Annexure P-1) and all subsequent
proceedings arising therefrom are quashed qua the petitioners on the basis
of compromise dated 26.08.2018 (Annexure P-2), however, that would be
subject to payment of costs of Rs.15,000/- to be deposited with the Legal
Services Authority, Punjab.
(HARI PAL VERMA)
February 13, 2019 JUDGE
Whether speaking/reasoned?Yes/NoWhether reportable?Yes/No
Jyoti-IV
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