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Kuldip Singh And Others vs State Of Punjab And Another on 15 July, 2019

CRM-M-16536-2019 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

281 CRM-M-16536-2019
Date of Decision:15.07.2019

Kuldip Singh and others …..Petitioners

Versus

State of Punjab and another …..Respondents

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

Present: Mr. Randeep Singh, Advocate for
Mr. Vipin Mahajan, Advocate,
for the petitioners.

Mr. Sukhbeer Singh, AAG, Punjab.

Mr. J.P. Dhull, 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 FIR No.83 dated 01.11.2018 under Sections 498-A, Section406 IPC,

registered at Police Station Sekhwan, Police District Batala, District

Gurdaspur, Punjab (Annexure P-1) and all the consequential proceedings

arising therefrom on the basis of the compromise dated 15.03.2019

(Annexure P-2) arrived at between the parties before the Mediation Centre.

This Court vide order dated 10.04.2019 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 1st Class, Batala and got their statements
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recorded. On the basis of the statements so recorded, learned Magistrate has

submitted report dated 31.05.2019 to the effect that the compromise effected

between the parties is genuine, which is not the result of any pressure or

coercion. A copy of the settlement/agreement dated 15.03.2019 so arrived

at between the parties has also been received, which is signed by respondent

No.2-Jai Preet Kaur.

Statement of respondent No.2-Jai Preet Kaur has been recorded

through her mother Gursimar Kaur. She has made a statement with regard

to compromise before learned Magistrate on 21.05.2019. The same is

reproduced as under:-

” Stated that the present case FIR No.83 dated 01.11.2018 under
Sectionsection 498-A, Section406 of IPC was registered on the statement of my
daughter Jai Preet Kaur at Police Station Sekhwan, Batala. The
matter has been compromised with the accused party with the
intervention of respectable of the locality. We are living
peacefully and we have no grudge against each other and we do
not want to proceed against the accused Kuldip Singh son of
Kashmir Singh, aged 30 years, Kashmir Singh son of Bachan
Singh, aged 58 years and Harjit Kaur wife of Kashmir Singh,
aged 56 years, all residents of village Satokha, District
Gurdaspur. No other case is pending between us except the
present case/FIR. The total 3 accused persons are arrayed in
the FIR. No accused persons are absconding/P.O. in this case.
I have suffered this statement as per compromise dated
08.03.2019 settled in the mediation center, District Court,
Gurdaspur without any coercion, pressure or undue influence
and with our own free will. I have no objection if the present
FIR be quashed. Copy of my Aadhar Card is Ex.P1.”

As per compromise, the parties shall dissolve their matrimonial

bond by obtaining a decree of divorce by mutual consent under Section 13-

B of the Hindu Marriage Act and the petition would be filed before the

Matrimonial Court on 19.03.2019.

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Learned counsel for the petitioner has argued that in terms of

compromise, divorce petition under Section 13-B has been filed and the

statements in first motion have been recorded.

In view of the statement so made by respondent No.2 and the

compromise/settlement dated 15.03.2019 arrived at between the parties

which is signed by respondent No.2, the present FIR deserves to be

quashed.

Learned State counsel as well as the counsel for 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.

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 when the disputes are substantially matrimonial in nature,

or are civil property disputes with criminal facets, if the parties enter into a

settlement, and it becomes 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 of India.

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, as approved by the

Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others

(2012) 10 SCC 303 also, in the light of Gold Quest International Private

Limited’s case (supra), this petition is allowed and FIR No.83 dated

01.11.2018 under Sections 498-A, Section406 IPC, registered at Police Station

Sekhwan, Police District Batala, District Gurdaspur, Punjab (Annexure P-1)

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and all the consequential proceedings arising therefrom are hereby quashed

qua the petitioners on the basis of compromise dated 15.03.2019 (Annexure

P-2) arrived at between the parties before the Mediation Centre, subject to

payment of costs of `10,000/- to be paid by the petitioners, within a period

of one month from today with the Poor Patients Welfare Fund, PGIMER,

Chandigarh. They shall produce a receipt with the Registry.

July 15, 2019 (HARI PAL VERMA)
seema JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No

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