Criminal Misc. M- No. 20664 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. M- No. 20664 of 2017 (OM)
Date of decision : August 08, 2017
Satpal Singh …..Petitioner
State of Punjab and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Daljit Singh Kahlon, Advocate
for the petitioner.
Mr. Karambir Singh, AAG, Punjab.
LISA GILL, J.
Prayer in this petition is for quashing of FIR No. 60 dated
31.07.2015 registered under Sections 406, 498A IPC at Police Station
Women, Amritsar City, District Amritsar 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-petitioner. 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 07.07.2017 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
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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 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 07.07.2017, the parties appeared before
the learned Judicial Magistrate First Class, Amritsar and their statements
were recorded on 20.07.2017. Respondent No.2 stated that the matter has
been compromised by her with the accused petitioner out of her own free
will, without any undue pressure or coercion from any corner. Respondent
No. 2 further stated that she has no objection in case the abovesaid FIR
against the accused petitioner is quashed. Statement of the petitioner in
respect to the settlement was also recorded.
As per report dated 20.07.2017 received from the learned
Judicial Magistrate First Class, Amritsar, it is opined that the compromise
arrived at between the parties is genuine, voluntary, arrived at out of free
will and consent of the parties, without any undue influence, pressure or
coercion. The petitioner, who is the sole accused, is not reported to be a
proclaimed offender. Statements of the petitioner and respondent No. 2 are
appended alongwith the said report.
Learned counsel for the petitioner informs that a petition under
Section 13-B of Hindu Marriage Act, 1955 has been allowed on 20.07.2017
Learned counsel for the State submits that as the abovesaid FIR
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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
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. 60 dated 31.07.2015
registered under Sections 406, 498A IPC at Police Station Women, Amritsar
City, District Amritsar alongwith all consequential proceedings are, hereby,
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
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adhered to by the petitioner(s) or it is found that the settlement was a mere
ruse to have the aforesaid FIR quashed.
August 08, 2017 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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