272.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-3136-2019
Date of decision:13.05.2019
NAVEEN KUMAR … Petitioner
Versus
STATE OF HARYANA AND ANOTHER …. Respondents
CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
—-
Present: Mr. Ankit Aggarwal, Advocate,
for the petitioner.
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.163 dated 08.12.2018 registered under Sections 120-
B, 323, 406, 498A, 506 of SectionIPC at Police Station Jathlana, Yamuna Nagar
(Annexure P-1) and all subsequent proceedings arising therefrom on the
basis of compromise deed dated 14.01.2019 (Annexure P-2).
This Court vide order dated 24.01.2019 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 Judicial Magistrate Ist Class, Yamuna Nagar at Jagadhri and got
their statements recorded. On the basis of the statements so recorded, learned
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Magistrate has submitted report dated 05.03.2019 to the effect that the
compromise is genuine and has been effected between the parties with their
free-will.
Though today none has put in appearance on behalf of
respondent No.2-complainant, namely, Deepa but no prejudice would be
caused to her as she (first party) had already suffered a joint statement along
with the petitioner (second party) with regard to compromise before learned
Magistrate on 28.02.2019. The same is reproduced as under:-
“That due to the intervention of the respectables of the
society the first party and the second party have compromised
the matter in dispute. The first party does not want to pursue
the matter and compromise the same and the second party has
also apologized for their act committed by them and assure that
they will not repeat the same in future. Our statement has been
recorded in english after having been explained to us and we
have no objection in this regard.”
Learned State counsel has filed the reply by way of affidavit of
Kushal Singh, HPS, DSP, Radour, District Yamuna Nagar, in court today on
behalf of respondent No.1, which is taken on record. On the strength of said
reply, he has submitted that in the aforesaid FIR, police has already prepared
cancellation report on 10.04.2019 and the same is being in process for its
presentation before the court.
At this stage, counsel for the petitioner states that pursuant to
the compromise so entered between the parties, petitioner and respondent
No.2 are staying together as husband and wife.
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Considering the fact that there is no serious contest by the State
as they have already prepared cancellation report and even otherwise, the
parties are staying together as husband and wife, 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
Limited’s case (supra), this petition is allowed and F.I.R. No.163 dated
08.12.2018 registered under Sections 120-B, Section323, Section406, Section498A, Section506 of IPC at
Police Station Jathlana, Yamuna Nagar (Annexure P-1) and all subsequent
proceedings arising therefrom are quashed qua the petitioner on the basis of
compromise deed dated 14.01.2019 (Annexure P-2).
(HARI PAL VERMA)
JUDGE
13.05.2019
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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