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
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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.
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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.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
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