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Narender Sharma vs State Of Haryana And Another on 16 August, 2019

273.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-19107-2019
Date of decision: 16.08.2019

NARENDER SHARMA … Petitioner

versus

STATE OF HARYANA AND ANOTHER …. Respondents

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

Present: None for the petitioner.

Ms. Priyanka Sadar, AAG, Haryana,
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.417 dated 23.05.2017 registered under Sections 406,

Section498A of IPC at Police Station Sarai Khawaja, Faridabad, District Faridabad

(Annexure P-1) and all subsequent proceedings arising therefrom on the

basis of compromise dated 17.07.2018 (Annexure P-2).

This Court vide order dated 29.04.2019 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 Additional Chief Judicial Magistrate, Faridabad and got their

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

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CRM-M-19107-2019 -2-

Magistrate has submitted report dated 08.07.2019 to the effect that the

compromise is genuine and has been effected between the parties voluntarily

and without any coercion or undue influence.

Though today none has put in appearance on behalf of

respondent No.2-complainant, namely, Alisha Sharma @ Guudu but no

prejudice would be caused to her as she has already made her statement with

regard to compromise before learned Magistrate on 31.05.2019 to the effect

that she has compromised the matter with the accused-petitioner voluntarily

and without any coercion or undue influence and she has no objection in

case the FIR in question is quashed qua the petitioner.

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)

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 also in the light of Gold Quest International Private
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Limited’s case (supra), this petition is allowed and F.I.R. No.417 dated

23.05.2017 registered under Sections 406, Section498A of IPC at Police Station

Sarai Khawaja, Faridabad, District Faridabad (Annexure P-1) and all

subsequent proceedings arising therefrom are quashed qua the petitioner on

the basis of compromise dated 17.07.2018 (Annexure P-2).

(HARI PAL VERMA)
JUDGE
16.08.2019
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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