291
IN THE HIGH COURT OF PUNJAB HARYANA AT
CHANDIGARH
CRM-M-22197 of 2019.
Decided on:- August 06, 2019.
Manoj Kumar and others
………Petitioners.
Versus
State of Punjab and another
………Respondents.
CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA.
*****
Present:- None.
HARI PAL VERMA, J. (Oral)
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of FIR No.28 dated 09.07.2018 under Sections 406 and Section498-A IPC
registered at Police Station Women Cell, District Patiala (Annexure P-1) and
all subsequent proceedings arising therefrom on the basis of compromise.
Petitioner No.1 Manoj Kumar is being represented through his
special power of attorney Sheela Rani, who is his mother and petitioner No.2
herein.
This Court vide order dated 15.05.2019 had directed the parties
to appear before the Illaqa Magistrate/trial Court to get their respective
statements recorded with regard to compromise and the Court was directed to
send its report qua genuineness of the compromise.
Pursuant to the aforesaid order, the petitioners as well as
respondent No.2-complainant have appeared before learned Judicial
Magistrate 1st Class, Patiala and got their statements recorded on 29.05.2019.
On the basis of the statements so recorded by the parties, learned Magistrate
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has submitted the report dated 12.06.2019 to the effect that the parties have
arrived at a compromise voluntarily, without any threat or coercion and
parties have rendered the statements before the Court voluntarily, without any
threat or coercion, as per which, the compromise between the parties is
genuine, voluntarily, without any threat or coercion.
The FIR in question has been recorded on the basis of statement
of respondent No.2-complainant Babita Rani. She has already made a
statement before learned Magistrate in support of the compromise. Her
statement so recorded by learned Magistrate on 29.05.2019 reads as under:
“Stated that I am the complainant of present case FIR
No.28 dated 9.7.2018 under Sections 406/Section498-A IPC registered
at P.S. Women, Patiala which has been got registered by me
against the accused Manoj Kumar, Sheela Rani and Ravinder
Kumar. Now due to intervention of respectables of locality and
common friends, I have compromised with the accused
voluntarily, out of free will and without any coercion or undue
influence. That divorce petition under Section 13-B of Hindu
Marriage Act is pending before the court of Ms. Saru Mehta
Kaushik, learned Principal Judge, Family Court, Patiala,
wherein, an agreement was effected between the parties to the
effect petitioners/accused shall pay total sum of Rs.8,00,000/- to
the respondent/complainant in lieu of her matrimonial alimony
and out of same, I have already received Rs.4,00,000/- in said
petition on first motion on 26.4.2019 and remaining
Rs.4,00,000/- has been received by me today in the court in the
shape of demand draft No.428272 dated 29.5.2019 and now
nothing is due towards accused except the gold articles lying
with police recovered in the above said criminal case. I have no
objection if present FIR and proceedings arising out of present
FIR against the accused Manoj Kumar, Sheela Rani and2 of 4
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CRM-M-22197 of 2019 -3-Ravinder Kumar are quashed by the Hon’ble Punjab and
Haryana High Court subject to encashment of above said
demand draft of Rs.4,00,000/-. I am giving this statement
voluntarily, out of free will and without any coercion or undue
influence. The compromise between us is genuine. The copy of
demand draft No.428272 dated 29.5.2019 amounting to
Rs.4,00,000/- is Ex.C1.”
In view of the above, continuation of the proceedings before the
trial Court in the instant FIR qua the petitioners shall be an abuse of the
process of law.
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 SectionArticle 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 well as the law laid down in Gold Quest International
Private Limited’s case (supra), the present petition is allowed and the FIR
No.28 dated 09.07.2018 under Sections 406 and Section498-A IPC registered at
Police Station Women Cell, District Patiala (Annexure P-1) and all
consequential proceedings arising therefrom are quashed qua the petitioners
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on the basis of compromise, however, subject to payment of costs of
Rs.10,000/- to be paid by the petitioners to the Director, Rajindra Hospital,
Patiala within a period of one month from today and this amount shall be
utilised only for the welfare of poor patients within the knowledge of the
Director of said hospital.
It is made clear that the respondent No.2-complainant shall
present the demand draft No.428272 dated 29.05.2019 of Rs.4,00,000/- for
encashment before the bank within the period of its validity.
(HARI PAL VERMA)
August 06, 2019 JUDGE
Yag Dutt
Whether speaking/reasoned: Yes
Whether Reportable: No
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