Punjab-Haryana High Court
Jagrup Singh @ Jagroop Singh And ... vs Union Territory Of Chandigarh And ... on 24 February, 2021
239.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-6936-2020 (O&M)
Date of decision: 24.02.2021
JAGRUP SINGH @ JAGROOP SINGH AND OTHERS ... Petitioners
versus
UNION TERRITORY OF CHANDIGARH AND ANOTHER
.... Respondents
CORAM: HON'BLE MR. JUSTICE HARI PAL VERMA
----
Present: Ms. Menka Gupta, Advocate, for
Mr. Vikas Cuccria, Advocate, for the petitioners.
Mr. Viranjeet Singh Mahal, APP, UT, Chandigarh,
for respondent No.1.
Mr. Ashok Bhardwaj, Advocate, for 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.62 dated 12.06.2017 registered under Sections 406,
498-A of IPC at Police Station Women Cell, District Chandigarh (Annexure
P-1) and all subsequent proceedings arising therefrom on the basis of
compromise dated 17.01.2020 (Annexure P-3).
Learned counsel appearing on behalf of the petitioners states
that in CRM-M-24699-2017 titled as Jagrup Singh Versus U.T.,
Chandigarh and another, the matter was referred to the Mediation and
Conciliation Centre of this Court, whereby the parties have arrived at a
compromise vide settlement/agreement dated 17.01.2020.
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CRM-M-6936-2020 (O&M) -2-
Counsel for respondent No.2, on instructions from respondent
No.2-Gurinder Kaur, who is present through video conferencing, states that
the matter has been compromised between the parties and he has no
objection in case the present FIR is quashed on the basis of compromise.
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.62 dated
12.06.2017 registered under Sections 406, 498-A of IPC at Police Station
Women Cell, District Chandigarh (Annexure P-1) and all subsequent
proceedings arising therefrom are quashed qua the petitioners on the basis of
compromise dated 17.01.2020 (Annexure P-3).
24.02.2021 (HARI PAL VERMA)
sanjeev JUDGE
Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No
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