IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Date of Decision:28.05.2019
Ranjit Singh and others …..Petitioners
State of Punjab and another …..Respondents
CORAM: HON’BLE MR.JUSTICE HARI PAL VERMA.
Present: None for the petitioners.
Mr. Rana Harjasdeep Singh, DAG, Punjab,
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 FIR No.40 dated 26.07.2018 under Sections 406, Section498-A, Section120-B
IPC, registered at Police Station Tallewal, District Barnala (Annexure P-1)
and all subsequent proceedings arising therefrom on the basis of
compromise dated 30.03.2019 (Annexure P-2).
This Court vide order dated 08.04.2019 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 Civil Judge (Junior Division)-cum-Judicial Magistrate Ist Class,
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Barnala and got their statements recorded. On the basis of the statements so
recorded, learned Magistrate has submitted report dated 26.04.2019 to the
effect that the parties have compromised the matter and the same is
voluntarily, without any pressure and coercion.
Though, today no one is present on behalf of respondent No.2-
complainant, namely, Upkar Kaur, but no prejudice would be caused to her
as she has already made a statement with regard to compromise before the
learned Magistrate on 24.04.2019. The same is reproduced as under:-
“Stated that I have got lodged FIR No. 40 dated
26.07.2018, u/s 498A/406/120-B SectionIPC, PS Tallewal
against the accused Ranjit Singh son of Darshan Singh,
Jora Singh son of Mohinder Singh and Surjit Kaur wife
of Darshan Singh, all residents of Barmi, District
Ludhiana. Now, I have effected compromise with the
above said accused persons with the intervention of the
respectable of the society and the copy of which is Ex.PX
upon which I identify my signatures. The original
compromise is placed before the Hon’ble High Court
Chandigarh. The compromise has been effected
voluntarily and without any pressure or coercion in any
manner. Photo copy of my Adhar card is Mark A. I have
no objection if the above said FIR and its consequential
proceedings are quashed by Hon’ble High Court as I
have been residing with above said Ranjit Singh
peacefully at my matrimonial house.”
Learned State counsel has 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 F.I.R.
Hon’ble Supreme Court in Gold Quest International Private
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Limited Versus State of Tamil Nadu and others-2014 (4) RCR (Criminal)
206 has held that when the disputes are substantially matrimonial in nature,
or are civil property disputes with criminal facets, if the parties enter into a
settlement, and it becomes 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 of India.
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, as approved by the
Hon’ble Supreme Court in Gian Singh Versus State of Punjab and others
(2012) 10 SCC 303 also, in the light of Gold Quest International Private
Limited’s case (supra), this petition is allowed and FIR No.40 dated
26.07.2018 under Sections 406, Section498-A, Section120-B IPC, registered at Police
Station Tallewal, District Barnala (Annexure P-1) and all subsequent
proceedings arising therefrom on the basis of compromise dated 30.03.2019
(Annexure P-2) are hereby quashed qua the petitioners, subject to payment
of costs of ` 10,000/- to be paid by the petitioners, within a period of one
month from today with the Poor Patients Welfare Fund, PGIMER,
Chandigarh. They shall produce a receipt with the Registry.
May 28, 2019 (HARI PAL VERMA)
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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