Sushil Verma vs State Of Ut Chd And Anr on 19 July, 2017

CRM No.M-7179 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 7179 of 2017(OM)
Date of Decision: July 19 , 2017.

Sushil Verma …… PETITIONER(s)

Versus

U.T. Chandigarh and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Balraj Gujjar, Advocate
for the petitioner.

Mr. G.S.Chahal, APP, U.T.

Mr. Shakti Singh, Advocate
for respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.218 dated

11.06.2015 under Sections 498A/406 IPC registered at Police Station Sector 39,

Chandigarh and all other consequential proceedings arising therefrom on the

basis of a compromise arrived at between the parties.

The abovesaid FIR was registered at the behest of respondent No.2

due to matrimonial discord with her husband i.e., the petitioner. With the

intervention of respectables and relatives, a compromise was arrived at between

the parties, the terms of which were reduced into writing on 25.11.2016. The

parties wish to live in peace and harmony and put an end to the acrimony

between them.

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CRM No.M-7179 of 2017 [2]

This Court on 28.03.2017 directed the parties to appear before

learned trial court for recording their statements in respect to the above-

mentioned compromise. Learned trial court was directed to submit a report

regarding the genuineness and validity or otherwise of the compromise. Learned

trial court was also directed to intimate the number of total accused facing trial

and status/stage thereof.

Pursuant to order dated 28.03.2017, the parties appeared before the

learned Judicial Magistrate First Class, Chandigarh and their statements were

recorded on 06.04.2017. Respondent No.2 stated that she has amicably resolved

the dispute with her husband i.e., the petitioner. It is further stated that petition

under Section 125 Cr.P.C. as well as the complaint under the Protection of

Women from Domestic Violence Act, 2005 filed by her have been withdrawn.

The settlement, it is stated, has been arrived at out of her own free will and

consent, without any kind of pressure, coercion or undue influence. Respondent

No.2 stated that she has no objection in case this petition is allowed and

abovesaid FIR is quashed against the petitioner. Statement of the petitioner in

respect to the settlement was recorded as well.

As per report dated 11.04.2017 received from the learned Judicial

Magistrate First Class, Chandigarh it is opined that the matter has been settled by

the parties voluntarily, without any threat or coercion from any quarter. The

petitioner, who is the sole accused, is not a proclaimed offender. The statements

of the parties are appended alongwith the said report.

It is submitted by learned counsel for the parties that in terms of the

compromise, a residential Unit No.G104, 1st Floor in Sushma Elite Cross,

Gazipur, Zirakpur, District SAS Nagar (Mohali) has been purchased in the names

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CRM No.M-7179 of 2017 [3]

of petitioner – Sushil Verma and respondent No.2 – Smt. Anju Verma to the

extent of 50% share each. It is further submitted that all the terms and conditions

regarding the FDRs in the names of both the minor children have also been

carried out.

Learned counsel for respondent No.2 reaffirms and verifies the

factum of settlement between the parties. It is verified that the terms and

conditions of the settlement in respect to the purchase of the property, FDRs etc.

have been complied with. It is reiterated that respondent No.2 has no objection

to the quashing of the abovementioned FIR against all the petitioners.

Learned counsel for the State submits that as the abovesaid FIR

arises out of a matrimonial dispute, the State has no objection to the quashing of

this FIR on the basis of a settlement arrived at between the parties.

In Kulwinder Singh and others versus State of Punjab and

another 2007 (3) R.C.R. (Criminal) 1052, a five member Bench of this Court has

observed as under:-

“The compromise, in a modern society, is the sine qua non of
harmony and orderly behaviour. It is the soul of justice and if the
power under Section 482 of the Criminal Procedure Code is used to
enhance such a compromise which, in turn, enhances the social
amity and reduces friction, then it truly is “finest hour of justice”.

The Hon’ble Supreme Court in B.S.Joshi and others v. State of

Haryana, 2003(4) SCC 675 has observed that it becomes the duty of the Court

to encourage genuine settlements of matrimonial disputes.

Keeping in view the facts and circumstances of this case, it would be

in the interest of justice to quash the abovesaid FIR as no useful purpose would

be served by continuance of the present proceedings. It will merely lead to

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CRM No.M-7179 of 2017 [4]

wastage of precious time of the court and would be an exercise in futility.

This petition is, thus, allowed and FIR No. 218 dated 11.06.2015

under Sections 498A/406 IPC registered at Police Station Sector 39, Chandigarh

alongwith all consequential proceedings are, hereby, quashed.

However, liberty is afforded to respondent No.2 to file necessary

application for revival of the proceedings in the above said FIR, in case the terms

and conditions of settlement between the parties are not adhered to by the

petitioner(s) or it is found that the settlement was a mere ruse to have the

aforesaid FIR quashed.

( LISA GILL )
July 19 , 2017. JUDGE
‘om’

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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