Maninder Pal Singh & Ors vs State Of Punjab & Anr on 8 August, 2017

Criminal Misc. M- No. 5730 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. M- No. 5730 of 2017 (OM)
Date of decision : August 08, 2017

Maninder Pal Singh and others …..Petitioners

Versus
State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. R.S. Malhotra, Advocate for the petitioners.

Mr. Karambir Singh, AAG, Punjab.

***

LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 179 dated

10.10.2016 registered under Sections 406, 498A IPC at Police Station City

Muktsar, District Sri Muktsar Sahib and all other consequential proceedings

arising therefrom on the basis of a compromise arrived at between the

parties as reflected in document attached as Annexure P-2.

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 has been

arrived at between the parties. The parties wish to live in peace and

harmony and put an end to the acrimony between them. The present

petition has been filed on the basis of this compromise.

This Court on 21.02.2017 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 validity or otherwise of the

compromise.

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Criminal Misc. M- No. 5730 of 2017 (OM) 2

Pursuant to orders dated 21.02.2017 and 31.05.2017, the parties

appeared before the learned Chief Judicial Magistrate, Sri Muktsar Sahib

and their statements were recorded on 09.06.2017. Respondent No.2 stated

that the matter has amicably resolved with all the accused petitioners. The

compromise, it is submitted, has been effected by her voluntarily, without

any coercion, fraud or misrepresentation. A petition under Section 13B of

the Hindu Marriage Act, 1955 (for short – ‘the Act’) is stated to have been

filed and the same was pending for 04.07.2017. Respondent No. 2

categorically stated that she has no objection to the quashing of the

aforementioned FIR against the accused petitioners. Statements of the

petitioners in respect to the compromise were also recorded.

As per report dated 04.07.2017 received from the learned

Chief Judicial Magistrate, Sri Muktsar Sahib, it is opined that the

compromise between the parties is genuine, voluntary, arrived at without

any threat, coercion or undue pressure. None of the petitioners are reported

to be proclaimed offenders. Statements of the parties are appended

alongwith the said report.

Learned counsel for the petitioners informs that petition under

Section 13B of the Act has been allowed on 04.07.2017 and the entire

settled amount has since been handed over to respondent No. 2.

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

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Criminal Misc. M- No. 5730 of 2017 (OM) 3

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. 179 dated

10.10.2016 registered under Sections 406, 498A IPC at Police Station City

Muktsar, District Sri Muktsar Sahib 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 08, 2017 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No

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