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Sukhwinder Singh And Others vs State Of Punjab And Another on 26 September, 2019

CRM-M-25804-2019(OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

259 CRM-M-25804-2019(OM)
Date of Decision:26.09.2019

Sukhwinder Singh and others …..Petitioners

Versus

State of Punjab and another …..Respondents

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

Present: Mr. Abnash Singh, Advocate,
for the petitioners.

Mr. Saurav Khurana, DAG, Punjab.

Ms. Rameet Bakshi, Advocate,
for complainant-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.33 dated 09.02.2019 under Sections 498-A, Section323, Section34

IPC (the offence punishable under Section 406 IPC was added later on),

registered at Police Station Zirakpur, District SAS Nagar, Mohali

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

the basis of compromise-deed dated 27.05.2019(Annexure P-4).

Power of attorney filed on behalf of respondent No.2 today in

the Court, is taken on record.

This Court vide order dated 31.05.2019 had directed the parties

to appear before the trial Court/Illaqa Magistrate 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
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CRM-M-25804-2019(OM) 2

learned Judicial Magistrate 1st Class, Dera Bassi and got their statements

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

submitted report dated 07.08.2019 to the effect that the compromise effected

between the parties is genuine, voluntary and without any coercion and

undue influence.

Respondent No.2-complainant, namely, Baljeet Kaur, has made

a statement with regard to compromise before learned Magistrate on

29.07.2019. The same is reproduced as under:-

“Stated that FIR No.33 dated 09.02.2019, U/s 406/498-
A/323/34 SectionIPC, P.S. Zirakpur was lodged by me against accused
Sukhwinder Singh S/o Fauja Singh, Fauja Singh S/o Late
Magh Singh and Darshna Rani W/o Fauja Singh, all resident
of House No.599, Preet Colony, Zirakpur, District SAS Nagar,
Mohali. Now, with the intervention of the respectables, I have
voluntarily entered into compromise with the above said
accused persons out of my free will and without any pressure
or undue influence, coercion, inducement, threat or promise
from any side. The original compromise Ex.CX alongwith
affidavit Ex.CY is placed on record. As per compromise, I
have no objection if the above said FIR is quashed by the
Hon’ble Punjab and Haryana High Court against the accused
namely Sukhwinder Singh S/o Fauja Singh, Fauja Singh S/o
Late Magh Singh and Darshna Rani W/o Fauja Singh. The self
attested photocopy of the Aadhar Card is Mark-A .”

Learned State counsel as well as learned counsel for respondent

No.2 have 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

Limited Versus State of Tamil Nadu and others-2014 (4) RCR (Criminal)

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CRM-M-25804-2019(OM) 3

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.33 dated

09.02.2019 under Sections 498-A, Section323, Section34 IPC (the offence punishable

under Section 406 IPC was added later on), registered at Police Station

Zirakpur, District SAS Nagar, Mohali(Annexure P-1) and all the

consequential proceedings arising therefrom are hereby quashed qua the

petitioners on the basis of compromise-deed dated 27.05.2019(Annexure

P-4).

September 26, 2019 (HARI PAL VERMA)
seema JUDGE

Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No

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