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Judgments of Supreme Court of India and High Courts

Khushwinder Pal Singh And Anr vs State Of Punjab And Anr on 19 August, 2019

287.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-20089-2019
Date of decision: 19.08.2019

KHUSHWINDER PAL SINGH AND ANR … Petitioners

versus

STATE OF PUNJAB AND ANR …. Respondents

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

Present: Mr. Tejinderbir Singh, Advocate,
for the petitioners.

Mr. Sukhbeer Singh, AAG, Punjab,
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.25 dated 24.12.2018 registered under Sections 406,

Section498A of IPC at Police Station Women Cell Mohali, District Mohali

(Annexure P-1) and all subsequent proceedings arising therefrom on the

basis of statement/compromise dated 14.03.2019 (Annexure P-2).

This Court vide order dated 03.05.2019 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 Chief Judicial Magistrate, SAS Nagar Mohali and got their

statements recorded. On the basis of the statements so recorded, learned
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CRM-M-20089-2019 -2-

Magistrate has submitted report dated 24.06.2019 to the effect that the

compromise is genuine and has been effected between the parties

voluntarily, without any threat or coercion.

Though today none has put in appearance on behalf of

respondent No.2-complainant, namely, Amrinder Kaur but no prejudice

would be caused to her as she has already made her statement with regard to

compromise before learned Magistrate on 28.05.2019. The same is

reproduced as under:-

“Stated that in the above mentioned FIR a compromise
has been reached with the accused namely Khushwinder Pal
Singh son of Sh. Iqbal Singh and Tarunjit Singh son of Sh. Iqbal
Singh, Both residents of House no.82, Phase 1, Model Town,
Bathinda (petitioners before the Hon’ble High Court). I have
entered the compromise with the above said accused and
accordingly, I along with accused Khushwinder Pal Singh had
mutually filed divorce petition under Section 13-B of Hindu
Marriage Act before the Ld. Court of Ms. Girish, Additional
District Judge, SAS Nagar, Mohali on 25.03.2019 and my
statement was recorded. The copy of the same is Ex.C1. Copy
of my statement is Ex.C2. I admit the contents of the same. I
have entered into compromise with the above-said accused
voluntarily, without any threat or coercion and the same is
genuine. I have brought copy of the Aadhar Card which is
Annexure C3.”

Learned State counsel 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.

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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

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.25 dated

24.12.2018 registered under Sections 406, Section498A of IPC at Police Station

Women Cell Mohali, District Mohali (Annexure P-1) and all subsequent

proceedings arising therefrom are quashed qua the petitioners on the basis of

statement/compromise dated 14.03.2019 (Annexure P-2).

However, the parties shall remain bound by the terms of

statement/compromise dated 14.03.2019 (Annexure P-2).

(HARI PAL VERMA)
JUDGE
19.08.2019
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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