IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of Decision:10.12.2019
Lakhvir Singh …..Petitioner
State of Punjab and another …..Respondents
CORAM: HON’BLE MR.JUSTICE HARI PAL VERMA.
Present: Mr. Rajvinder Singh Jolly, Advocate for
Mr. Vibhor Bansal, Advocate,
for the petitioner.
Mr. Saurav Khurana, DAG, Punjab.
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 FIR No.61 dated 04.05.2016 under Sections 406, Section498-A IPC,
registered at Police Station Lalru, Tehsil Dera Bassi, District SAS Nagar,
Mohali (Annexure P-1) and all the consequential proceedings arising
therefrom on the basis of compromise dated 14.03.2017(Annexure P-2).
This Court vide order dated May 18, 2017 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. However, statement of the
parties could not be recorded as they failed to appear before the learned
Magistrate to get their statements recorded. Again vide order dated
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21.08.2019, one more opportunity was granted to the parties to get their
statements recorded, in terms of the order dated May 18, 2017 passed by
this Court and learned Magistrate was directed to forward the report to this
Pursuant to the aforesaid order, parties have appeared before
learned Judicial Magistrate 1st Class, Dera Bassi and got their statements
recorded. On the basis of the statements so recorded, learned Magistrate has
submitted report dated 05.10.2019 to the effect that the matter has been
compromised between the parties voluntarily and out of their free will and
consent and without any pressure or undue influence.
Though no one is present on behalf of the complainant-
respondent No.2-Ranjit Kaur in Court today, but no prejudice would be
caused to her as she has already made a statement with regard to
compromise before learned Magistrate on 30.09.2019. The same is
reproduced as under:-
“Stated that I have lodged the FIR no.61 dated 04.05.2016
under Sectionsection 406 Section498A of IPC, PS Lalru against accused
namely Lakhvir Singh. Now, with the intervention of the
respectables, I have voluntarily entered into compromise with
the above said accused out of my free will and without any
pressure or undue influence, coercion, inducement, threat or
promise from any side. I have no objection if the FIR is
quashed by the Hon’ble Punjab and Haryana High Court
against the above said accused. The copy of Aadhar Card of
me is enclosed as Mark B.”
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 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 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.61 dated
04.05.2016 under Sections 406, Section498-A IPC, registered at Police Station
Lalru, Tehsil Dera Bassi, District SAS Nagar, Mohali (Annexure P-1) and
all the consequential proceedings arising therefrom are hereby quashed qua
the petitioner on the basis of compromise dated 14.03.2017(Annexure P-2),
subject to payment of costs of Rs.5,000/- to be paid by the petitioner, within
a period of one month from today with the Govt. Medical College and
Hospital, Sector-32, Chandigarh and the said amount would be spent for
the treatment of poor patients within the knowledge of its Medical
December 10, 2019 (HARI PAL VERMA)
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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