Punjab-Haryana High Court
Anish Joshi vs State Of Punjab And Another on 18 February, 2021
CRM-M-39196-2020 - 1-
233
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-39196-2020
Date of decision: 18.02.2021
Anish Joshi ... Petitioner
versus
State of Punjab and another .... Respondents
CORAM: HON'BLE MR. JUSTICE HARI PAL VERMA
----
Present: Mr. Gobind Rai, Advocate,
for the petitioner.
Mr. Manreet Singh Nagra, A.A.G., Punjab.
Ms. Suman Bishnoi, Advocate,
for the respondent No.2.
----
HARI PAL VERMA, J.(Oral)
The matter has been taken up for hearing through video
conferencing due to outbreak of COVID-19.
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of F.I.R. No.88 dated 26.06.2019 registered under Sections 498-A
IPC, (the offence under Section 406 IPC was added later on) at Police
Station City-1, Malerkotla (Annexure P-1) and all subsequent proceedings
arising therefrom on the basis of statement as well as compromise dated
10.09.2019 (Annexure P-3).
This Court vide order dated 26.11.2020 had directed the parties
to appear before the Illaqa Magistrate/trial Court to get their statements
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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 Sub Divisional Judicial Magistrate, Malerkotla and got their
statements recorded. On the basis of the statements so recorded, learned
Magistrate has submitted report dated 28.12.2020 to the effect that the
compromise is genuine, voluntarily and without any coercion and undue
influence.
Respondent No.2-complainant, namely, Isha Sharma has made
her statement with regard to compromise before learned Magistrate on
21.12.2020. The same is reproduced as under:-
"Stated that above said FIR No.88 dated 26.06.2019 u/s
498-A, 406 of IPC, PS City 1 Malerkotla, District Sangrur was
registered against the accused Anish Joshi son of Jagdeep
Joshi resident of near Police Station Haibowal Kalan, house
no. 8359, Durgapuri, Ludhiana. Now with the intervention of
the elders and respectables, I have effected compromise dated
10.09.2019 with the above named accused with my own free
will, voluntarily without any threat or coercion or undue
influence. The compromise has been effected with the above
said accused as the decree of divorce under Section 13-B of
HMA dated 26.11.2020 has already been granted by the court
of Ms. Manpreet Kaur, CJJD, Malerkotla. My claim has been
fully satisfied and nothing is due against accused. So, the
present FIR may kindly be quashed."
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Learned State counsel and 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
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 F.I.R. No.88 dated
26.06.2019 registered under Sections 498-A IPC, (the offence under
Section 406 IPC was added later on) at Police Station City-1, Malerkotla
(Annexure P-1) and all subsequent proceedings arising therefrom are
quashed qua the petitioner on the basis of statement as well as compromise
dated 10.09.2019 (Annexure P-3).
(HARI PAL VERMA)
JUDGE
February 18, 2021
mani
Whether speaking/reasoned? Yes
Whether reportable? No
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