Gurdev Singh And Anr vs State Of Punjab And Anr on 3 August, 2017

CRM No.M-1796 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 1796 of 2017(OM)
Date of Decision: August 3 , 2017.

Gurdev Singh and another …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Naveen Batra, Advocate
for the petitioners.

Mr. Karambir Singh, AAG, Punjab.

None for respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.0067 dated

21.12.2016 under Sections 406/498A IPC registered at Police Station

Gardhiwala, District Hoshiarpur and all other consequential proceedings arising

therefrom on the basis of compromise dated 07.01.2017 (Annexure P2) 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., petitioner No.2. With the

intervention of respectables and relatives, a compromise has been arrived at

between the parties, the terms of which were reduced into writing on 07.01.2017.

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

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CRM No.M-1796 of 2017 [2]

between them.

This Court on 19.04.2017 directed the parties to appear before

learned Illaqa Magistrate for recording their statements in respect to the above-

mentioned compromise. Learned Illaqa Magistrate was directed to submit a

report regarding the genuineness of the compromise, as to whether it has been

arrived at out of the free will and volition of the parties without any coercion,

fear or undue influence. Learned Illaqa Magistrate was also directed to intimate

READ  Rajdip Kaur vs Sarmukh Singh on 27 April, 2017

whether any of the petitioners are absconding/proclaimed offenders and whether

any other case is pending against them. Information was sought as to whether all

affected persons are a party to the settlement.

Pursuant to order dated 19.04.2017, the parties appeared before the

learned Judicial Magistrate First Class, Dasuya and their statements were

recorded on 08.05.2017. Respondent No.2 stated that the matter has been

amicably resolved with both the petitioners. The settlement has been arrived at

out of her own free will without any pressure or force. It is stated by respondent

No.2 that she has received a sum of `5,50,000/- i.e. the total amount settled, in

two installments i.e., `2.75 lakhs on 18.03.2017 before the learned Additional

District Judge, Hoshiapur at the time of recording of the statements of the parties

at second motion in a petition under Section 13B of the Hindu Marriage Act,

1955 and balance amount of `2.75 lakhs on 19.04.2017 before this Court by way

of a demand draft dated 12.04.2017. Respondent No.2 further stated that she has

received all her dowry articles and Istridhan and she has no further claims

against her husband and his family members. It is stated that she has no

objection to the quashing of the abovesaid FIR qua the petitioners. Statements of

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CRM No.M-1796 of 2017 [3]

petitioner No.1 and petitioner No.2 through his General Power of Attorney

holder, Satwinder Singh son of Darshan Singh were recorded as well.

As per report dated 15.06.2017 received from the learned Judicial

Magistrate First Class, Dasuya it is opined that the compromise between the

READ  Ananda Mohan Sen & Anr vs State Of West Bengal on 16 May, 2007

parties is genuine, arrived at out of their free will and consent without any

pressure or coercion. None of the petitioners are stated to be proclaimed

offenders. Statements of the parties are appended alongwith the said report.

Mr. Harjeet Savra, Advocate had appeared on behalf of respondent

No.2 on 19.04.2017 before this Court. He had affirmed and verified the factum

of settlement between the parties.

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

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CRM No.M-1796 of 2017 [4]

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

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

This petition is, thus, allowed and FIR No.0067 dated 21.12.2016

under Sections 406/498A IPC registered at Police Station Gardhiwala, District

Hoshiarpur 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 )
August 3 , 2017. JUDGE
‘om’

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

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