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Sita Devi vs State Of Haryana And Another on 13 August, 2019

291.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-18547-2019
Date of decision: 13.08.2019

SITA DEVI … Petitioner

versus

STATE OF HARYANA AND ANOTHER …. Respondents

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

Present: None.
—-

HARI PAL VERMA, J.(Oral)

Prayer in this petition filed under Section 482 Cr.P.C. is for

quashing of F.I.R. No.0031 dated 07.01.2015 registered under Sections 406,

Section498A, Section323, Section506 of IPC at Police Station Hisar Civil Lines, District Hisar and

all subsequent proceedings arising therefrom on the basis of compromise

dated 16.03.2019 (Annexure P-1).

This Court vide order dated 26.04.2019 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 Judicial Magistrate Ist Class, Hisar and got their statements

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

submitted report dated 23.05.2019 to the effect that the compromise has

been effected between the parties voluntarily and without any pressure or

coercion.

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CRM-M-18547-2019 -2-

Though today none has put in appearance on behalf of

respondent No.2-complainant, namely, Ritu Rani but no prejudice would be

caused to her as she has already made her statement with regard to

compromise before learned Magistrate on 23.05.2019. The same is

reproduced as under:-

“Stated that, I had got lodged FIR No.31 dated
07.01.2015 under Sections 406/Section498A/Section323/Section506 IPC at Police
Station Civil Lines, Hisar. Now, the matter has been settled
amicably. I have no grievance against accused. I have no
objection if the FIR is quashed.”

In view of the above, no useful purpose would be served to

continue with the proceedings before the trial Court in the instant FIR.

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 also in the light of Gold Quest International Private

Limited’s case (supra), this petition is allowed and F.I.R. No.0031 dated

07.01.2015 registered under Sections 406, Section498A, Section323, Section506 of IPC at Police

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Station Hisar Civil Lines, District Hisar and all subsequent proceedings

arising therefrom are quashed qua the petitioner on the basis of compromise

dated 16.03.2019 (Annexure P-1).

(HARI PAL VERMA)
JUDGE
13.08.2019
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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