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Judgments of Supreme Court of India and High Courts

Umesh Kant & Others vs State Hy & Anr on 5 March, 2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Criminal Misc. No.M-39257 of 2017
Date of Decision: 05.03.2020

Umesh Kant others
…Petitioner (s)
Versus
State of Haryana another
…Respondent(s)

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

Present:- Mr. S.R. Hooda, Advocate
for the petitioners.

Ms. Gaganpreet Kaur, AAG, Haryana.
*****

HARI PAL VERMA, J. (Oral)

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

quashing of FIR No.230 dated 23.08.2015 under Sections 406/498A IPC

registered at P.S. Pinjor, District Panchkula and consequential proceedings

arising therefrom on the basis of compromise.

This Court vide order 14.11.2019 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

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

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

recorded.

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Pursuant to the aforesaid order, the parties have appeared

before Judicial Magistrate Ist Class, Kalka and got their statements

recorded. Learned Magistrate has forwarded her report dated 16.01.2020 to

the effect that the compromise arrived at between the two sides is genuine

and voluntary. The statement of the complainant-Kanchan recorded on

11.12.2019 reads as under:-

“Stated that our marriage was solemnized on 26.9.14 as per
hindu rites and ceremonies at Pinjore Teh.Kalka, Distt. PKL.
Subsequently, we both of them resided together husband and
wife, but after some time deep differences and disputes arisen
in our matrimonial life and due to the same, we started
residing separately. All the efforts made by our family friends
and common friends/relatives resulted in no use.
Subsequently, I lodged FIR No.230 dt.23/8/15 U/s 498A, 406,
506 against my husband and his other family members.
Thereafter, on the initiation of the relations of both sides, we
agreed for divorce by way of mutual consent u/s 13-B of HMA
Act. On 16/2/18, the judgment and decree passed by the
Honourable Court of Sh. Rajan Walia, Ld. ADJ PKL. During
the proceedings before the aforesaid, we both suffered a
agreement / statement to the effect that we shall widhdraw all
the criminal and civil cases filed against each other. A
certified copy of the judgment decree dt. 16/2/18 and joint
statement are respectively attached herewith as Ex.P1 and
Ex.P2. We mutually and amicably have settled all our claims
and there is no dispute and differences between us. Earlier
the copy of compromise between both the parties was also
placed on the file before the Honourable Court of Sh. Rajan
Walia, ADJ PKL. Now, I have no objection if the
FIR lodged by me is quashed against the accused persons.”.

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Learned State counsel also does not dispute the factum of

compromise effected between the parties.

There is nothing on record to doubt the genuineness of the

compromise, as arrived between the parties. Thus, no useful purpose would

be served to continue with the proceedings 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 Article 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 FIR No.230 dated

23.08.2015 under Sections 406/498A IPC registered at P.S. Pinjor, District

Panchkula (Annexure P-1) and the subsequent proceedings arising

therefrom are quashed qua the petitioners, on the basis of compromise/joint

statement (Annexure P-2).

March 05, 2020 ( HARI PAL VERMA )
AK JUDGE

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

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