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Judgments of Supreme Court of India and High Courts

Mandeep Kumar And Ors vs State Of Punjab And Another on 29 January, 2020

259.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-38457-2019
Date of decision: 29.01.2020

MANDEEP KUMAR AND ORS … Petitioners

versus

STATE OF PUNJAB AND ANOTHER …. Respondents

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

Present: Mr. C.L. Sharma, Advocate,
for the petitioners.

Ms. Ruchika Sabherwal, 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.14 dated 12.01.2016 registered under Sections 406,

498A, of IPC at Police Station City Kharar, District SAS Nagar (Annexure

P-1) and all subsequent proceedings arising therefrom on the basis of

compromise dated 07.08.2019 (Annexure P-2).

This Court vide order dated 10.09.2019 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, Kharar and got their statements

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recorded. On the basis of the statements so recorded, learned Magistrate has

submitted report dated 19.11.2019 to the effect that the compromise is

genuine and has been effected between the parties voluntarily and out of free

will of the parties.

Though today none has put in appearance on behalf of

respondent No.2-complainant, namely, Mamta but no prejudice would be

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

compromise before learned Magistrate on 13.11.2019. The same is

reproduced as under:-

“Stated that I have compromised the matter with the
accused person namely Mandeep Kumar son of Jaswant
Kumar, Jaswant Kumar son of Megh Raj and Kiran Bala wife
of Jaswant Kumar all resident of village Amrali Tehsil
Chamkaur Sahib Distt. Rupnagar in FIR No.14 dated
12.01.2016 u/s 406, 498 A IPC at PS City Kharar Distt SAS
Nagar Mohali. I am having the photocopy of that compromise
and the copy of the same is Ex.CX. Compromise was reduced in
writing. I compromised the matter with my consent and free will
without any coercion or pressure of anyone. I have no objection
if the above mentioned FIR be quashed. The photocopies of our
Aadhar card are Ex.P1.”

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.

Hon’ble Supreme Court in Gold Quest International Private

Limited Versus State of Tamil Nadu and others-2014 (4) RCR (Criminal)

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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.14 dated

12.01.2016 registered under Sections 406, 498A, of IPC at Police Station

City Kharar, District SAS Nagar (Annexure P-1) and all subsequent

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

compromise dated 07.08.2019 (Annexure P-2).

(HARI PAL VERMA)
JUDGE
29.01.2020
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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