204+278.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
I. CRM-M-9800-2018
Date of decision:13.02.2019.
MANPREET SINGH … Petitioner
versus
STATE OF HARYANA AND ANR. …. Respondents
II. CRM-M-55955-2018
GURPARTAP SINGH AND ORS. … Petitioners
versus
STATE OF HARYANA AND ANR. …. Respondents
CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
—-
Present: Mr. S.S. Rangi, Advocate,
for the petitioner(s).
Mr. Major Singh, petitioner No.3 (in CRM-M-55955-2018) in
person.
Ms. Mahima Yashpal, AAG, Haryana,
for respondent No.1.
Mr. Rajesh Arora, Advocate,
with respondent No.2-Jaspal Singh Jubbal in person.
—-
HARI PAL VERMA, J.(Oral)
This order shall dispose of two petitions i.e. CRM-M-9800-
2018 titled as Manpreet Singh Versus State of Haryana and another and
CRM-M-55955-2018 titled as Gurpartap Singh and others Versus State of
Haryana and another.
1 of 6
::: Downloaded on – 17-02-2019 12:18:48 :::
CRM-M-9800-2018 -2-
The complainant is Jaspal Singh Jubbal, whose daughter
Jasmine Jubbal was married with Manpreet Singh on 23.03.2014.
CRM-M-9800-2018 has been filed by the petitioner-Manpreet
Singh (husband of the complainant’s daughter) for quashing of FIR No.0259
dated 25.07.2017 registered under Sections 406, 498-A, 506, 34 of IPC at
Women Police Station Gurgaon (Annexure P-1), on merits.
Whereas CRM-M-55955-2018 has been filed by the petitioners,
namely, Gurpartap Singh, Balwinder Kaur and Major Singh, who are father,
mother and uncle of Manpreet Singh (husband) respectively, for quashing of
aforesaid FIR on the basis of compromise/settlement dated 06.12.2018
(Annexure P-2) as entered between the parties before the Mediation and
Conciliation Centre of this Court.
Learned counsel for the petitioners states that since the matter
has been compromised between the parties, present FIR deserves to be
quashed.
Learned counsel for respondent No.2-complainant fairly admits
the very factum of compromise entered between the parties and states that as
per the settlement dated 06.12.2018, the petitioner-Manpreet Singh
(husband) is required to pay an amount of Rs.19.50 lakhs to the complainant
and out of this amount, an amount of Rs.10 lakhs had already been paid on
10.12.2018 by way of bank draft bearing No.568102 of Punjab National
Bank, Sarabha Nagar, Ludhiana. For the remaining amount of Rs.9,50,000/-,
a bank draft bearing No.008521 dated 11.02.2019 of Axis Bank Limited, has
been handed over to the complainant-Jaspal Singh Jubbal, present in the
Court today.
2 of 6
17-02-2019 12:18:48 :::
CRM-M-9800-2018 -3-
The photocopies of the drafts submitted by the counsel for the
petitioners reflecting above payments are taken on record.
Learned State counsel, on instructions from HC Sunny, states
that in the aforesaid FIR, no challan has been presented against the
petitioners in CRM-M-55955-2018 and they have been put in column No.2.
Therefore, the petitioners in this case have no right to approach this Court.
Having heard learned counsel for the parties and considering
the fact that the matter has been compromised between the parties before the
Mediation and Conciliation Centre of this Court on 06.12.2018 whereby the
parties are required to settle their disputes including quashing of FIR and
other cases, this Court finds that the FIR, as a whole, is liable to be quashed.
The relevant extract of the details of cases between the parties
and the terms and conditions so settled between the parties in paras No.6 and
7 of the settlement dated 06.12.2018 read as under:-
“6. Apart from the present T.A., following cases are pending
between the parties:-
i) HMA No.1189 of 2016 dated 04.07.2016 titled as
‘Manpreet Singh Vs. Jasmine Jubbal’, pending before
Learned Additional District Judge, Ludhiana.
ii) FIR No.0259 dated 25.07.2017 under Sections
498A, 506/34 IPC lodged by Mr. Jaspal Singh Jubbal on
behalf of Jasmine Jubbal at Police Station Women,
Gurgaon against Manpreet Singh (Husband), Gurpartap
Singh (Father-in-law), Balwinder Kaur (Mother-in-law)
and Major Singh Gill (Chacha).
iii) For quashing the abovesaid FIR, CRM-M-9800 of
2018 has been filed by Manpreet Singh-petitioner/first
party before the Hon’ble High Court, which is fixed for
13.02.2019.
3 of 6
17-02-2019 12:18:48 :::
CRM-M-9800-2018 -4-
7. The following settlement has been arrived at between the
parties hereto:
a) That both the parties namely Jasmine Jubbal and
Manpreet Singh are residing in Australia and have
obtained divorce order there from the Deputy Registrar
Boldiston dated 02 August, 2017 made at Parramatta.
b) That in lieu of full and final settlement of all the
disputes between the parties (Civil and Criminal), the
second party namely Manpreet Singh will pay a sum of
Rs.19,50,000/- (Rupees Nineteen Lacs and Fifty
Thousand only) to the first party-Jasmine Jubbal through
Demand Draft in the name of Jaspal Singh Jubbal,
Special Power of Attorney of Jasmine Jubbal in full and
final settlement. Out of which, Rs.10,00,000/- (Rupees
Ten Lacs only) would be paid in the shape of Demand
Draft in the name of Sh. Jaspal Singh Jubbal, Special
Power of Attorney of Jasmine Jubbal at the time of first
hearing of quashing of the above-mentioned FIR by other
co-accused namely Gurpartap Singh (Father-in-law),
Balwinder Kaur (Mother-in-law) and Major Singh
(Chacha) and remaining amount of Rs.9,50,000/-
(Rupees Nine Lacs and Fifty Thousand only) would be
paid on the date of final hearing of quashing of the
abovesaid FIR qua all the accused of the second party.
c) That after receiving the abovesaid amount of
Rs.19,50,000/- (Rupees Nineteen Lacs and Fifty
Thousand only), the first party-Jasmine Jubbal will
withdraw her the abovesaid T.A. No.684 of 2018 pending
before the Hon’ble High Court.
d) The second party namely Manpreet Singh has
already filed application to withdraw the above-said
Divorce Petition filed by him in the Court of Additional
District Judge, Ludhiana. The second party-Manpreet
Singh has agreed to withdraw the abovesaid Divorce4 of 6
::: Downloaded on – 17-02-2019 12:18:48 :::
CRM-M-9800-2018 -5-Petition as divorce granted by the Australian Court has
become final.
e) That Jaspal Singh Jubbal, Special Power of
Attorney of first party Jasmine Jubbal shall have no
objection for allowing the quashing petition to quash the
FIR No.0259 dated 25.07.2017 under Sections 498A,
506/34 IPC at Police Station Women, Gurgaon (in
petition bearing CRM-M-9800 of 2018 filed by Manpreet
Singh-petitioner/first party pending before the Hon’ble
High Court for 13.02.2019) in view of the present
settlement/ agreement.
f) That no other Civil or Criminal case is pending
between the parties and both the parties undertake not to
file any other litigation against each other relating to
matrimonial dispute in future in India and Australia as
well both parties shall not interfere in their personal and
professional life.
g) That the first party shall not claim any
maintenance, permanent alimony, any right in the
property from the second party in future for herself.
Second party will also not make any such demand in
future.
h) That there will remain no dispute about dowry
articles after receiving the abovesaid amount.”
The 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
5 of 6
17-02-2019 12:18:48 :::
CRM-M-9800-2018 -6-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), the petition i.e. CRM-M-9800-2018 is allowed and
FIR No.0259 dated 25.07.2017 registered under Sections 406, 498-A, 506,
34 of IPC at Women Police Station Gurgaon (Annexure P-1) on the basis of
compromise dated 06.12.2018, however, that would be subject to payment
of costs of Rs.25,000/- 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.
Since no challan has been filed against the petitioners in CRM-
M-55955-2018 and they have been kept in column No.2, the same is
dismissed as having been rendered infructuous.
(HARI PAL VERMA)
JUDGE
13.02.2019
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
6 of 6
17-02-2019 12:18:48 :::
