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Judgments of Supreme Court of India and High Courts

Sunil Goyal vs State Of Ut., Chandigarh And … on 1 May, 2019

300.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-3490-2019
Date of decision:01.05.2019

SUNIL GOYAL … Petitioner

versus

STATE OF UT., CHANDIGARH AND ANR. …. Respondents

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

Present: Mr. Apanjyot S. Virk, Advocate,
for the petitioner.

Mr. J.S. Toor, APP, UT, Chandigarh,
for respondent No.1.

Mr. Impinder Singh Dhaliwal, Advocate,
for respondent No.2.

—-

HARI PAL VERMA, J.(Oral)

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

quashing of F.I.R. No.315 dated 24.07.2015 registered under Section 498A

of IPC at Police Station Sector 39, Chandigarh (Annexure P-1) and all

subsequent proceedings arising therefrom on the basis of compromise dated

17.01.2019 (Annexure P-2).

This Court vide order dated 25.01.2019 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, Chandigarh and got their statements

recorded. On the basis of the statements so recorded, learned Magistrate has
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submitted report dated 07.03.2019 to the effect that the compromise has

been effected between the parties voluntarily and without any coercion or

undue influence.

Respondent No.2-complainant, namely, Poonam Goyal has

made her statement with regard to compromise before learned Magistrate on

01.03.2019. The same is reproduced as under:-

“I have compromised with the accused namely Sunil
Goyal s/o Jogi Ram in FIR No.315, dated 24.07.2015, u/s 498-
A SectionIPC, Police Station Sector 39, Chandigarh, in terms of
compromise effected before Hon’ble High Court which is
pending there for 01.05.2019. Further I do not want to pursue
the present FIR against said accused. I have no objection if the
above said FIR is quashed in terms of compromise which has
been entered voluntarily without any pressure between me and
accused.”

Learned counsel for the petitioner states that the parties are

staying together as husband and wife.

Learned counsel appearing on behalf of UT Chandigarh 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 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

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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.315 dated

24.07.2015 registered under Section 498A of IPC at Police Station Sector

39, Chandigarh (Annexure P-1) and all subsequent proceedings arising

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

17.01.2019 (Annexure P-2).

(HARI PAL VERMA)
JUDGE
01.05.2019
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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