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.
1 of 5
07-08-2017 02:21:36 :::
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.
2 of 5
07-08-2017 02:21:37 :::
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
3 of 5
07-08-2017 02:21:37 :::
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,
4 of 5
07-08-2017 02:21:37 :::
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
5 of 5
07-08-2017 02:21:37 :::