Jai Kumar And Ors vs State Of Punjab And Anr on 3 August, 2017

CRM No.M-18342 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 18342 of 2017(OM)
Date of Decision: August 3 , 2017.

Jai Kumar and others …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Sanjiv Ghai, Advocate
for the petitioners.

Mr. Karambir Singh, AAG, Punjab.

Mr. Jaswinder Singh, Advocate
for the complainant/respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.52 dated

11.05.2013 under Sections 406/498A IPC registered at Police Station Women

Cell, Ludhiana 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., petitioner No.1. With the

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

the parties, the terms of which were reduced into writing on 22.03.2017. The

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

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CRM No.M-18342 of 2017 [2]

between them.

Respondent No.2 and petitioner No.1 have decided to part ways. It

is submitted that a petition under Section 13B of the Hindu Marriage Act, 1955

has been filed by respondent No.2 and her husband, petitioner No.1. Statements

of the parties at first motion, it is submitted, have already been recorded.

This Court on 22.05.2017 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 of the compromise, as to whether it has been arrived at

out of the free will and volition of the parties without any coercion or undue

influence. Learned trial court was also directed to intimate the number of

persons arrayed as accused and whether any of the accused are proclaimed

offenders.

Pursuant to order dated 22.05.2017, the parties appeared before the

learned Judicial Magistrate First Class, Ludhiana and their statements were

recorded on 30.05.2017. Respondent No.2 stated that with the intervention of

respectables, the matter has been amicably resolved. Petition under Section 13B

of the Hindu Marriage Act, 1955 has been filed. Statements of the parties at first

motion have been recorded and the matter is now fixed for 23.10.2017.

Respondent No.2 stated that the settlement has been arrived at out of her own

sweet will and voluntarily without any threat, coercion or undue influence. It is

further stated that she has no objection to the quashing of the abovesaid FIR qua

all the petitioners. Joint statement of the petitioners in respect to the settlement

was recorded as well.

As per report dated 01.06.2017 received from the learned Judicial

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CRM No.M-18342 of 2017 [3]

Magistrate First Class, Ludhiana it is opined that the compromise arrived at

between the parties is genuine and valid. All the accused are petitioners before

this Court and none of the accused are proclaimed offenders. Copies of the

statements of the parties are appended alongwith the said report.

Learned counsel for respondent No.2 reaffirms and verifies the

factum of settlement between the parties. It is submitted that respondent No.2 has

no objection to the quashing of the abovementioned FIR against all the

petitioners provided the petitioners strictly adhere to the terms and conditions of

the settlement arrived at 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

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

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

This petition is, thus, allowed and FIR No.52 dated 11.05.2013

under Sections 406/498A IPC registered at Police Station Women Cell, Ludhiana

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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