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Neetant Arora And Another vs State Of Punjab And Another on 8 January, 2020

246.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-35879-2019
Date of decision: 08.01.2020

NEETANT ARORA AND ANOTHER … Petitioners

versus

STATE OF PUNJAB AND ANOTHER …. Respondents

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

Present: Mr. Akhilesh Vyas, Advocate, for the petitioners.

Mrs. Ruchika Sabherwal, AAG, Punjab, for respondent No.1.

Mr. R.P. Daaria, Advocate, for
Mr. D.S. Khurana, 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.17 dated 24.02.2015 registered under Sections 406/

498-A of IPC (Sections 420, 120-B of IPC added lateron) at Police Station

Women, District Amritsar City (Annexure P-1) and all subsequent

proceedings arising therefrom on the basis of compromise/a petition filed

under Section 13-B of Hindu Marriage Act (Annexure P-2).

This Court vide order dated 29.08.2019 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, Amritsar and got their statements

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

submitted report dated 27.11.2019 to the effect that the compromise is

genuine and has been effected between the parties without any coercion and

undue influence.

Respondent No.2-complainant, namely, Dimple has made her

statement with regard to compromise before learned Magistrate on

03.10.2019. The same is reproduced as under:-

“Stated that FIR no.17 dated 24.02.2015, P.S. Women
Cell, Amritsar was got registered on my complaint under
section 406, 498A, 420, 120B of IPC against accused Neetant
Arora and Gauri Arora. Now I have compromised the matter
with the above said accused person regarding my matrimonial
dispute. We both the parties have detailed our terms of
compromise in our petition under Section 13 B of HMA filed
before the appropriate authority. The petition in which terms
are detailed is Ex.C1. The said compromise was effected
without any coercion, pressure and without any undue influence
from my side and with my free will. As per the terms of
compromise today I have received the remaining amount of
Rs.6 Lacs vide demand draft no.015091 dated 24.09.2019 in my
name drawn upon HDFC Bank which is full and final payment
for the amount agreed to be received as my past, present and
future alimony. I will abide by the terms and conditions of
Ex.C1. I have no objection if the FIR against the above said
accused 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 FIR.

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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.

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.17 dated

24.02.2015 registered under Sections 406/498-A of IPC (Sections 420, 120-

B of IPC added lateron) at Police Station Women, District Amritsar City

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

quashed qua the petitioners on the basis of compromise/a petition filed under

Section 13-B of Hindu Marriage Act (Annexure P-2), however, that would

be subject to payment of costs of Rs.10,000/- to be deposited with the

Government Medical College, Amritsar, within one month from today. The

said amount shall be utilized for the welfare of poor patients within the

knowledge of its Medical Superintendent.

(HARI PAL VERMA)
JUDGE
08.01.2020
sanjeev Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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