IN THE HIGH COURT OF PUNJAB AND HARYANA
Date of decision: 21.08.2019
VISHAL JAIN AND ANOTHER … Petitioners
STATE OF PUNJAB AND ANOTHER …. Respondents
CORAM: HON’BLE MR. JUSTICE HARI PAL VERMA
Present: None for the petitioners.
Mr. Sukhbeer Singh, AAG, Punjab,
for respondent No.1.
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 F.I.R. No.0009 dated 01.09.2018 registered under Sections
406/Section498-A of IPC at Police Station Women, District Ludhiana (Rural)
(Annexure P-1) and all subsequent proceedings arising therefrom on the
basis of compromise/settlement dated 20.02.2019 (Annexure P-2).
This Court vide order dated 31.05.2019 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, Jagraon and got their statements
recorded. On the basis of the statements so recorded, learned Magistrate has
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submitted report dated 07.08.2019 to the effect that the compromise is
genuine and has been effected between the parties voluntarily.
Though today none has put in appearance on behalf of
respondent No.2-complainant, namely, Sonali Jain but no prejudice would
be caused to her as she has already made her statement with regard to
compromise before learned Magistrate on 03.07.2019. The same is
reproduced as under:-
“Stated that an FIR No.9 dated 01.09.2018 u/s 406/498A
of SectionIPC, PS Women Cell, Jagraon, Ludhiana (R), lodged on my
statement against accused Vishal Jain S/o Vinod Jain and
Veena Jain Wd/o Vinod Jain, both resident of Village
Haibowal, Tehsil Distt. Ludhiana. I have compromised the
matter with all accused and the settlement agreement dated
20.02.2019 is Ex.A1. The said compromise is voluntarily and
without any coercion or undue influence. The petition u/s
13(B)HM Act has also been jointly filed in the Family Court,
Jagraon. Self attested photocopy of Aadhar Card of Sonail
Jain is Ex.A2. I have no objection if the present FIR is quashed
against all the accused.”
Learned State counsel has 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.0009 dated
01.09.2018 registered under Sections 406/Section498-A of IPC at Police Station
Women, District Ludhiana (Rural) (Annexure P-1) and all subsequent
proceedings arising therefrom are quashed qua the petitioners on the basis of
compromise/settlement dated 20.02.2019 (Annexure P-2).
(HARI PAL VERMA)
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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