SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Swaran Singh @ Sarwan Singh And … vs State Of Punjab And Another on 30 January, 2020

CRM-M-38849-2019 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

260 CRM-M-38849-2019
Date of Decision:30.01.2020

Swaran Singh @ Sarwan Singh and others …..Petitioners

Versus

State of Punjab and another …..Respondents

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

Present: None for the petitioners.

Ms. Ruchika Sabharwal, AAG, Punjab.

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.076 dated 02.12.2018 under Sections 406, 498-A IPC,

registered at Police Station Women, Amritsar City, District Amritsar

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

the basis of compromise dated 07.09.2019(Annexure P-2).

This Court vide order dated 12.09.2019 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 1st Class, Amritsar and got their statements

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

submitted report dated 20.11.2019 to the effect that the compromise is
1 of 3
23-02-2020 14:46:28 :::
CRM-M-38849-2019 2

genuine, voluntarily made, without any threat, coercion and out of free will

of the parties.

Though no one is present on behalf of respondent No.2-

complainant-Ramneet Kaur in Court today, but no prejudice would be

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

compromise before learned Magistrate on 14.11.2019. The same is

reproduced as under:-

“An FIR no.0076 dt. 02.12.2018 u/s 406, 498A IPC, PS Women,
Amritsar City has been registered against the accused Swaran
Singh @ Sarwan Singh, Jaswant Singh s/o Bhag Singh and
Surinder Kaur @ Shinder Kaur w/o Jaswant Singh on my
statement.

Now with the intervention of the respectables I along with
Swaran Singh @ Sarwan Singh, Jaswant Singh s/o Bhag Singh
and Surinder Kaur @ Shinder Kaur w/o Jaswant Singh have
effected a compromise which is Ex.C1. I have no objection if
above said FIR is quashed against the accused. I am the only
complainant/effected/aggrieved party in the present case. The
compromise has been effected voluntarily, without any pressure,
coercion or undue influence.”

Learned State counsel has not disputed the factum of

compromise between the parties. However, on instructions from ASI

Tejinder Singh, she submits that the parties have filed the petition under

Section 13-B of the Hindu Marriage Act, so as to get their marriage

dissolved by way of mutual consent.

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)

206 has held that when the disputes are substantially matrimonial in nature,

2 of 3
23-02-2020 14:46:29 :::
CRM-M-38849-2019 3

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 Article 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.076 dated

02.12.2018 under Sections 406, 498-A IPC, registered at Police Station

Women, Amritsar City, District Amritsar(Annexure P-1) and all the

consequential proceedings arising therefrom are hereby quashed qua the

petitioners on the basis of compromise dated 07.09.2019(Annexure P-2),

subject to payment of costs of `15,000/- to be deposited by the petitioners,

within a period of one month from today with the Govt. Medical College,

Amritsar. This money shall be spent for the treatment of poor patients

within the knowledge of its Director.

January 30, 2020 (HARI PAL VERMA)
seema JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No

3 of 3
23-02-2020 14:46:29 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation