261.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-1827-2019
Date of decision: 02.04.2019.
KIRTIMAN MISHRA AND ANR … Petitioners
versus
STATE OF HARYANA AND ANR …. Respondents
CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
—-
Present: Mr. Kunal Dawar, Advocate,
for the petitioners.
Ms. Priyanka Sadar, AAG, Haryana,
for respondent No.1.
Mr. Mayur Karkra, Advocate, for
Mr. Aman Pal, 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.266 dated 15.12.2016 registered under Sections 406,
498-A, 506, 377, 34 of IPC at Women Police Station, Sector 51, Gurugram
(Annexure P-1) and all subsequent proceedings arising therefrom including
the challan dated 15.06.2018 (Annexure P-2) presented under Sections 406,
498-A, 506 and 34 of IPC, on the basis of compromise dated 06.07.2018
(Annexure P-3).
Learned counsel for the petitioners states that though initially
the FIR was registered for offence under Section 377 IPC as well, however,
during investigation, this offence was deleted and challan was presented for
offences under Sections 406, 498-A, 506 and 34 of IPC only.
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CRM-M-1827-2019 -2-
This Court vide order dated 17.01.2019 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, Gurugram and got their statements
recorded. On the basis of the statements so recorded, learned Magistrate has
submitted report dated 12.02.2019 to the effect that the compromise has
been effected between the parties amicably/voluntarily, without any pressure
or coercion.
Respondent No.2-complainant, namely, Devanshi Trivedi has
made her statement with regard to compromise before learned Magistrate on
05.02.2019. The same is reproduced as under:-
“Stated that due to intervention of respectable persons, a
mutual compromise has been arrived at on 07.07.2018. I being
Complainant have no objection, if the FIR in the present case
bearing FIR No.266 dated 15.12.2016, PS Women Cell,
Gurugram is quashed. Now, the matter has been settled
amicably as per deed of compromise being Ex.C1/A. I have no
grievance against accused persons. The said compromise has
also been filed before Hon’ble Punjab and Haryana High Court
in writing. This compromise has been effected with my free will
and volition and without any pressure.”
Learned State counsel as well as learned counsel appearing on
behalf of 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.
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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 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.266 dated
15.12.2016 registered under Sections 406, 498-A, 506, 377, 34 of IPC at
Women Police Station, Sector 51, Gurugram (Annexure P-1) and all
subsequent proceedings arising therefrom including the challan dated
15.06.2018 (Annexure P-2) presented under Section 406, 498-A, 506 and 34
of IPC, are quashed qua the petitioners on the basis of compromise dated
06.07.2018 (Annexure P-3), however, that would be subject to payment of
costs of Rs.10,000/- to be deposited with the Poor Patients’ Welfare Fund of
the Postgraduate Institute of Medical Education and Research (PGIMER),
Chandigarh, within one month from today.
(HARI PAL VERMA)
JUDGE
02.04.2019
sanjeev Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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