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Kirtiman Mishra And Anr vs State Of Haryana And Anr on 2 April, 2019

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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CRM-M-1827-2019 -3-

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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