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Judgments of Supreme Court of India and High Courts

Sarbjit Singh And Others vs State Of Punjab And Another on 19 August, 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Criminal Misc. No.M-21993 of 2019
Date of Decision: 19.08.2019

Sarbjit Singh others
…Petitioner(s)
Versus
State of Punjab another
…Respondent(s)

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

Present:- Mr. P.S. Khurana, Advocate
for the petitioner.

Mr. Saurav Khurana, DAG, Punjab.

Mr. N.S. Boparai, 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.0002 dated 09.01.2019 under Sections 406, Section498A IPC

registered at Police Station Women Cell, Ludhiana, District Ludhiana

(Annexure P-1) and consequential proceedings arising therefrom, on the

basis of compromise dated 17.04.2019 (Annexure P-2).

This Court vide order 14.05.2019 had directed the parties to

appear before the Illaqa Magistrate/Trial Court to get their statements

recorded with regard to compromise so arrived and learned Illaqa

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Magistrate/Trial Court was directed to submit its report regarding the

genuineness of the compromise so effected on the basis of statements so

recorded.

Pursuant to the aforesaid order, the parties have appeared

before Judicial Magistrate Ist Class, Ludhiana and got their statements

recorded. Learned Magistrate has forwarded his report dated 11.06.2019 to

the effect that the parties have compromised the matter out of their free

will, voluntarily, without any sort of pressure, coercion and fear. The

statement of complainant-Balvir Singh recorded on 28.05.2019 reads as

under:-

“Stated that I got lodged FIR no.2 dated 09.01.2019, U/s
406 498-A of the SectionIPC, P.S.Women, Ludhiana, against the
accused persons namely Sarbjit Singh aged about 70 years S/o
Kirpal Singh, R/o Village Ghwaddi, District Ludhiana,
Surinderjit Kaur aged about 70 years W/o Sarabjit Singh and
Phalpinderjit Singh aged about 32 years S/o Sarbjit Singh
both presently R/o 152 Redstone, Calgary, AB Canada. Now, I
have entered into compromise with the above said accused
persons out of my free Will and without any sort of pressure
and fear. As such, I do not want to pursue with the case
against the above said accused persons as the matter has been
compromised. Copy of compromise is Ex.C1. As per
compromise, I received two drafts bearing no.131885 and
131886 dated 17.04.2019 amounting to Rs.9 lacs each (in
total 18 lacs) from accused Sarabjit Singh today in the court. I
have no objection, if the said FIR is quashed against the above
said accused persons. Accordingly, I will not initiate any
legal proceedings regarding the said FIR against the above
said accused persons. Today I have brought my Aadhar card

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as proof of my identity and the photocopy of the same is
Ex.PA. “.

Though Mr. N.S. Boparai, Advocate, appearing on behalf of

respondent no.2-complainant, does not dispute the statement so recorded

by respondent no.2, however, he submits that some clothes etc. are still to

be handed over to the complainant. The same were not made part of the

compromise and the matter in this regard was orally discussed.

However, there is no such reference in the statement of

respondent no.2. Therefore, this Court does not find any merit in the

contention raised on behalf of respondent no.2 at this stage.

Learned State counsel does not dispute the factum of

compromise effected between the parties.

There is nothing on record to doubt the genuineness of the

compromise, so arrived at between the parties. Thus, no useful purpose

would be served to continue with the proceedings in the instant FIR.

Accordingly, following the principles laid down by the Full

Bench judgment of this Court in SectionKulwinder Singh and others v. State of

Punjab and another, 2007 (3) RCR (Criminal) 1252 (PH), as approved

by the Hon’ble Supreme Court in SectionGian Singh vs. State of Punjab and

others, (2012)12 SCC 303, this petition is allowed and FIR No.0002 dated

09.01.2019 under Sections 406, Section498A IPC registered at Police Station

Women Cell, Ludhiana, District Ludhiana (Annexure P-1) and

consequential proceedings arising therefrom are quashed qua the

petitioners, on the basis of compromise dated 17.04.2019 (Annexure P-2).

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However, this will be subject to payment of costs of

Rs.25,000/-, to be deposited with the Government Medical College and

Hospital, Sector 32, Chandigarh within a period of one month from today

and the said amount will be spent for the treatment of poor patients within

he knowledge of the Director.

August 19, 2019 ( HARI PAL VERMA )
AK JUDGE

Whether speaking / reasoned? Yes / No
Whether reportable? Yes / No`

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