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Rajiv Patel And Others vs State Of Haryana And Another on 14 February, 2020

269
IN THE HIGH COURT OF PUNJAB HARYANA AT
CHANDIGARH

CRM-M-43101 of 2019.
Decided on:- February 14, 2020.

Rajiv Patel and others
………Petitioners.
Versus

State of Haryana and another
………Respondents.

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

*****

Present:- Ms. Sheenu Sura, Advocate
for the petitioners.

Ms. Priyanka Sadar, A.A.G., Haryana.

Mr. Rakesh Dhiman, 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.355 dated 04.12.2017 under Sections 498-A, 406, 506

and 313 read with Section 34 IPC registered at Police Station Women Cell,

Sector 51, Gurugram (Annexure P-1) and all subsequent proceedings arising

therefrom on the basis of settlement agreement by way of joint statement

made by petitioner No.1 and respondent No.2 dated 20.05.2019 before

learned Principal District Judge, Family Court, Gurugram in a petition under

Section 13-B of the Hindu Marriage Act, 1955 (Annexure P-2).

This Court vide order dated 14.10.2019 had directed the parties

to appear before the Illaqa Magistrate/trial Court to get their respective

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statements recorded with regard to compromise and the Court was directed to

send its report qua genuineness of the compromise.

Pursuant to the aforesaid order, the parties had appeared before

learned Judicial Magistrate 1st Class, Gurugram and got their statements

recorded on 25.11.2019. On the basis of the statements so recorded by the

parties, learned Magistrate has submitted the report dated 28.11.2019 to the

effect that the compromise effected between the parties is genuine and

without any undue influence, pressure or coercion.

The FIR in question has been recorded on the basis of statement

of respondent No.2-complainant Neetu Patel. She has already made a

statement before learned Magistrate in support of compromise on 25.11.2019,

which reads as under:

“Stated that a compromise has been arrived at between me
and accused persons and in pursuit thereof, I do not intend to
proceed with the present complaint/FIR and want to get the same
quashed. Now, the matter has been settled amicably. I have no
grievance against accused persons. I request you that FIR
No.0355 dated 04.12.2017 under Section 498A, 406, 506, 34
IPC, PS Women, Gurugram be quashed in the interest of justice.
I affirm that this compromise has been effected voluntarily,
without any coercion or undue influence, with my free will and
volition and without any pressure.”

Learned counsel for respondent No.2-complainant has not

disputed the factum of compromise between the parties.

Learned State counsel, on instructions from SI Joginder Singh,

has also not disputed the factum of compromise between the parties.

However, she submits that in the aforesaid FIR, the offence under Section 313

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IPC was deleted during the course of investigation and Challan has been

presented in the case and charges are yet to be framed.

In view of the above, continuation of the proceedings before the

trial Court in the instant FIR qua the petitioners 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 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 well as the law laid down in Gold Quest International

Private Limited’s case (supra), the present petition is allowed and the FIR

No.355 dated 04.12.2017 under Sections 498-A, 406, 506 and 313 read with

Section 34 IPC (Section 313 IPC deleted later on) registered at Police Station

Women Cell, Sector 51, Gurugram (Annexure P-1) and all consequential

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

settlement agreement by way of joint statement made by petitioner No.1 and

respondent No.2 dated 20.05.2019 before learned Principal District Judge,

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Family Court, Gurugram in a petition under Section 13-B of the Hindu

Marriage Act, 1955 (Annexure P-2), however, subject to payment of total

costs of Rs.15,000/- to be paid by the petitioners to the Poor Patients’ Welfare

Fund of the Postgraduate Institute of Medical Education and Research

(PGIMER), Chandigarh within a period of one month from today.

(HARI PAL VERMA)
February 14, 2020 JUDGE
Yag Dutt

Whether speaking/reasoned: Yes

Whether Reportable: No

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