SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Naresh Kumar And Ors vs State Of Haryana And Anr on 14 May, 2019

276.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-10472-2019
Date of decision:14.05.2019

NARESH KUMAR AND ORS … Petitioners

versus

STATE OF HARYANA AND ANR …. Respondents

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

Present: None for the petitioners.

Mr. Manish Bansal, DAG, 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.00145 dated 25.06.2015 registered under Sections

498A, Section406, Section506 and Section34 of IPC at Police Station Loharu, District Bhiwani

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

basis of compromise dated 18.02.2019 (Annexure P-2).

This Court vide order dated 07.03.2019 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 Civil Judge (Senior Division)-cum-Sub Divisional

Judicial Magistrate, Loharu and got their statements recorded. On the basis

1 of 3
09-06-2019 04:53:21 :::
CRM-M-10472-2019 -2-

of the statements so recorded, learned Magistrate has submitted report dated

11.04.2019 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, Renu but no prejudice would be

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

compromise before learned Magistrate on 05.04.2019 to the effect that she

has no objection in case the FIR in question is quashed.

Learned State counsel, on instructions from SI Suresh Kumar,

states that though the FIR was registered against all the three petitioners, but

during investigation, petitioner No.3-Nirmal daughter of Ramkaran, was

found innocent and in this manner, challan was not presented against

petitioner No.3. He does not dispute the factum of compromise between the

parties. He has filed reply on behalf of respondent No.1, which is taken on

record.

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.

2 of 3
09-06-2019 04:53:21 :::
CRM-M-10472-2019 -3-

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.00145 dated

25.06.2015 registered under Sections 498A, Section406, Section506 and Section34 of IPC at

Police Station Loharu, District Bhiwani (Annexure P-1) and all subsequent

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

compromise dated 18.02.2019 (Annexure P-2).

(HARI PAL VERMA)
JUDGE
14.05.2019
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

3 of 3
09-06-2019 04:53:21 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation