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Judgments of Supreme Court of India and High Courts

Mohd. Irshad And Anr vs State Of Punjab And Anr on 15 January, 2019

272.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-51243-2018
Date of decision:15.01.2019.

MOHD. IRSHAD AND ANR … Petitioners

versus

STATE OF PUNJAB AND ANR …. Respondents

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

Present: Mr. Vaibhav Narang, Advocate,
for the petitioners.

Mr. Jagmohan Ghumman, DAG, Punjab,
for respondent No.1.

Mr. H.S. Bhullar, Advocate,
Mr. Subhash Chand, 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 F.I.R. No.15 dated 02.04.2018 registered under Sections

406/498A IPC at Police Station Women, District Police Commissionerate,

Amritsar (Annexure P-2) and all subsequent proceedings arising therefrom

on the basis of compromise dated 17.09.2018 (Annexure P-1).

This Court vide order dated 21.11.2018 had directed the parties

to appear before the trial Court/Illaqa Magistrate 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, Amritsar and got their statements
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CRM-M-51243-2018 -2-

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

submitted report dated 07.12.2018 to the effect that the compromise is

genuine and has been effected between the parties without any pressure or

undue influence of the parties.

Respondent No.2-complainant, namely, Asma made her

statement with regard to compromise before learned Magistrate on

28.11.2018. The same is reproduced as under:-

“That a case has been got registered by me against accused-
Mohd. Irshad and Rizwan bearing FIR No.15 dated 02.04.2018
u/s 406/498A IPC at Police Station Women District Police
Commissionerate, Amritsar in which the matter has been
compromised between the parties. The above said compromise
is out of our free will and without any pressure or undue
influence or threat. That I have no objection if the aforesaid
FIR along with all proceedings consequent thereto against the
accused person be quashed.”

Learned State counsel as well as learned 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 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.

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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.15 dated

02.04.2018 registered under Sections 406/498A IPC at Police Station

Women, District Police Commissionerate, Amritsar (Annexure P-2) and all

subsequent proceedings arising therefrom are quashed qua the petitioners on

the basis of compromise dated 17.09.2018 (Annexure P-1).

(HARI PAL VERMA)
JUDGE
15.01.2019
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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