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Vishal Jain And Another vs State Of Punjab And Another on 21 August, 2019

293.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M-25682-2019
Date of decision: 21.08.2019

VISHAL JAIN AND ANOTHER … Petitioners

versus

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)
JUDGE
21.08.2019
sanjeev
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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