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IN THE HIGH COURT OF PUNJAB HARYANA AT
CHANDIGARH
CRM-M-22098 of 2019.
Decided on:- August 21, 2019.
Pushpender Kumar.
………Petitioner.
Versus
State of Haryana and another
………Respondents.
CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA.
*****
Present:- Mr. Nipun Vashist, Advocate
for the petitioner.
Ms. Gaganpreet Kaur, A.A.G., Haryana.
Mr. Rajiv Sidhu, Advocate
for respondent No.2-complainant.
HARI PAL VERMA, J. (Oral)
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of FIR No.93 dated 16.03.2018 under Sections 323, 324, 377, 498-
A, 506 and 509 SectionIPC registered at Police Station Gurgaon City, Gurugram
(Annexure P-1) and all subsequent proceedings arising therefrom on the basis
of compromise (Annexure P-2).
This Court vide order dated 15.05.2019 had directed the parties
to appear before the Illaqa Magistrate/trial Court to get their respective
statements recorded with regard to compromise and the Court was directed to
send its report qua genuineness of the compromise.
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Pursuant to the aforesaid order, the petitioner as well as
respondent No.2-complainant have appeared before learned Judicial
Magistrate 1st Class, Gurugram and got their statements recorded on
03.07.2019. On the basis of the statements so recorded by the parties, learned
Magistrate has submitted the report dated 08.08.2019 to the effect that the
matter has been voluntarily compromised between the parties and the
complainant has entered into a settlement with the accused person out of her
own volition and same is without any influence or coercion.
The FIR in question has been recorded on the basis of statement
of respondent No.2-complainant Pooja Rani. She has made a statement before
learned Magistrate in support of the compromise on 03.07.2019, wherein she
has specifically mentioned that she has no objection in case the FIR in
question is quashed as the matter has been compromised between the parties.
Reply by way of affidavit of Rajeev Kumar, HPS, Assistant
Commissioner of Police, City Gurugram filed on behalf of respondent No.1-
State in Court today, is taken on record.
Learned State counsel, on instructions from ASI Jagdish Chander
states that the offence under Section 377 IPC has been deleted during the
course of investigation and the charges have been framed against the
petitioner under Sections 323, Section324, Section498-A, Section506 and Section509 IPC vide order dated
14.03.2019 passed by learned Judicial Magistrate 1st Class, Gurugram.
Learned counsel for respondent No.2-complainant and learned
State counsel do not dispute the factum of compromise entered between the
parties.
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In view of the above, continuation of the proceedings before the
trial Court in the instant FIR qua the petitioner shall be an abuse of the
process of law.
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 well as the law laid down in Gold Quest International
Private Limited’s case (supra), the present petition is allowed and the FIR
No.93 dated 16.03.2018 under Sections 323, Section324, Section377, Section498-A, Section506 and Section509
IPC (Section 377 SectionIPC deleted later on) registered at Police Station Gurgaon
City, Gurugram (Annexure P-1) and all consequential proceedings arising
therefrom are quashed qua the petitioner on the basis of compromise
(Annexure P-2), however, subject to payment of costs of Rs.10,000/- to be
paid by the petitioner to the Non-Government Organization (NGO), namely,
The Earth Saviours Foundation, Bandhwari Village, Gurgaon-Faridabad
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Road, near TERI Golf Course, District Gurgaon within a period of one month
from today.
(HARI PAL VERMA)
August 21, 2019 JUDGE
Yag Dutt
Whether speaking/reasoned: Yes
Whether Reportable: No
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