Swaranjit Kaur And Anr vs State Of Punjab And Anr on 2 August, 2017

CRM No.M-19886 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 19886 of 2017(OM)
Date of Decision: August 2 , 2017.

Swaranjit Kaur and others …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Vikas Kuthiala, Advocate
for the petitioners.

Mr. Karambir Singh, AAG, Punjab.

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

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.6 dated 27.03.2014

under Sections 406/498A/420/494/120B IPC registered at Police Station

NRI/SAS Nagar, District SAS Nagar Mohali 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.3. The matter

has been settled between the parties before the Mediation and Conciliation

Centre of this Court on 06.04.2017 (Annexure P4). 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-19886 of 2017 [2]

This Court on 01.06.2017 directed the parties to appear before

learned trial court/Illaqa Magistrate for recording their statements in respect to

the above-mentioned compromise. Learned trial court/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 trial court/Illaqa

Magistrate was also directed to intimate number of persons arrayed as accused

and whether any accused is proclaimed offender.

Pursuant to order dated 01.06.2017, the parties appeared before the

learned Judicial Magistrate First Class, SAS Nagar and their statements were

recorded on 12.07.2017. Statement of respondent No.2 was recorded through

her Power of Attorney holder Raspinder Singh son of late Pritam Singh (an uncle

of respondent No.2). It is stated that the matter has been amicably resolved

between the parties. The jewellery to the extent of ½ share has been received on

behalf of the complainant/respondent No.2. A sum of `15,00,000/- out of the

total settled amount of `30,00,000/- between the parties has also been received

on behalf of respondent No.2. It is further stated that a petition under Section

13B of the Hindu Marriage Act, 1955 (for short, the HMA’) has been filed,

which is pending for recording of the statements of the parties at second motion

on 15.01.2018. The remaining amount of `15,00,000/- shall be paid at a later

stage. Power of attorney holder of respondent No.2 specifically stated that

respondent No.2 has no objection to the quashing of the FIR subject to strict

adherence by the petitioners, with the terms and conditions of the settlement

arrived at between the parties. A joint statement of the petitioners in respect to

the settlement was recorded as well.

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CRM No.M-19886 of 2017 [3]

As per report dated 26.07.2017 received from the learned Judicial

Magistrate First Class, Mohali it is opined that compromise between the parties

is genuine, arrived at voluntarily between the parties without any pressure,

coercion or undue influence. Photocopy of the statements of the parties are

appended alongwith the said report.

It is to be noted that petitioner No.3 was admitted to interim bail

pursuant to order dated 01.06.2017 passed by this Court. It is informed that the

remaining amount of `15,00,000/- to be handed over to respondent No.2 has

since been deposited before the Family Court, SAS Nagar, Mohali where the

petition under Section 13B HMA filed by respondent No.2 and petitioner No.3 is

pending for 15.01.2018. It is agreed between the parties that petitioner No.3 and

respondent No.2 shall be present before the said court on 15.01.2018 for

recording of their statements at second motion. It is further agreed that a sum of

`15,00,000/- deposited with the Family Court, SAS Nagar, Mohali should be

released to respondent No.2 after she records her statement in this petition in

affirmation of the settlement. In case petitioner No.3 is not available for

recording of his statement on 15.01.2018, it is submitted by learned counsel for

the petitioners, on instructions, that the said amount of `15,00,000/- be released

to respondent No.2 unconditionally, if she is present on the said date before the

Family Court, SAS Nagar, Mohali.

In this view of the matter, learned counsel for respondent No.2

submits that respondent No.2 has no objection whatsoever to the quashing of the

abovementioned FIR against all the petitioners provided petitioner No.3 strictly

adheres to the terms and conditions as above.

Learned counsel for the State submits that as the abovesaid FIR

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CRM No.M-19886 of 2017 [4]

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

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

This petition is, thus, allowed and FIR No.6 dated 27.03.2014 under

Sections 406/498A/420/494/120B IPC registered at Police Station NRI/SAS

Nagar, District SAS Nagar Mohali alongwith all consequential proceedings are,

hereby, quashed.

In the event of petitioner No.3 and respondent No.2 appearing on

15.01.2018 for recording of their statements in the petition under Section 13B

HMA, the amount of `15,00,000/- be released to respondent No.2 after recording

of statements. In case petitioner No.3 does not appear on the said date and

respondent No.2 is present for recording her statement in terms of the settlement,

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CRM No.M-19886 of 2017 [5]

the sum of `15,00,000/- be released to her unconditionally. It is further directed

that a sum of `15,00,000/- deposited before the Family Court, SAS Nagar,

Mohali be put in a Fixed Deposit Receipts, so as to earn maximum return, till

15.01.2018. The interest accrued shall obviously be released to respondent No.2.

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 2 , 2017. JUDGE
‘om’

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

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