Punjab-Haryana High Court
Galaxy Gaurav vs State Of Haryana And Another on 23 February, 2021
CRM-M-39278-2020 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
246 CRM-M-39278-2020
Date of Decision:23.02.2021
Galaxy Gaurav .....Petitioner
Versus
State of Haryana and another .....Respondents
CORAM: HON'BLE MR.JUSTICE HARI PAL VERMA.
Present: Mr. Diwan S. Adlakha, Advocate,
for the petitioner.
Ms. Gaganpreet Kaur, AAG, Haryana.
Mr. Ram Kumar Saini, Advocate for
Mr. Mandhir Singh Virk, Advocate,
for respondent No.2.
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HARI PAL VERMA, J.(Oral)
Prayer in this petition filed under Section 482 Cr.P.C. is for
quashing of FIR No.364 dated 05.06.2020 under Sections 323, 498-A, 506
IPC (the offences under Sections 354 & 34 IPC were deleted during the
course of investigation), registered at Police Station Karnal Sadar, District
Karnal(Annexure P-1) and all the consequential proceedings arising
therefrom on the basis of the compromise-deed dated 18.11.2020 (Annexure
P-2).
Learned counsel for the petitioner submits that the matter has
been compromised and the parties are residing together as a husband and
wife.
This Court vide order dated 26.11.2020 had directed the parties
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to appear before the Illaqa Magistrate/trial Court to get their statements
recorded and the learned trial court was directed to send its report qua the
genuineness of the compromise.
Pursuant to the aforesaid order, parties have appeared before
learned Additional Chief Judicial Magistrate, Karnal and got their
statements recorded. On the basis of the statements so recorded, learned
Magistrate has submitted report dated 21.12.2020 to the effect that the
compromise effected between the parties is genuine, valid, without any
coercion or undue influence.
Respondent No.2-complainant, namely, Seema Rani, has made
a statement with regard to compromise before learned Magistrate on
16.12.2020 to the effect that she has compromised the matter with the
petitioner-accused and she has no objection, in case, the present FIR
registered against him, is quashed.
Learned State counsel has not disputed the factum of
compromise between the parties.
Learned counsel for the complainant-respondent No.2 submits
that the matter has been compromised between the parties and they are
residing together as a husband and wife.
In view of the conceded position that the matter has been
compromised between the parties, 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,
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,
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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.364 dated
05.06.2020 under Sections 323, 498-A, 506 IPC (the offences under
Sections 354 & 34 IPC were deleted during the course of investigation),
registered at Police Station Karnal Sadar, District Karnal(Annexure P-1) and
all the consequential proceedings arising therefrom are hereby quashed qua
the petitioner on the basis of compromise-deed dated 18.11.2020 (Annexure
P-2), subject to payment of costs of `10,000/- to be deposited by the
petitioner, within a period of one month from today with the Bar
Association of this Court.
February 23, 2021 (HARI PAL VERMA)
seema JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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