Satpal Singh vs State Of Punjab And Anr on 8 August, 2017

Criminal Misc. M- No. 20664 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. M- No. 20664 of 2017 (OM)
Date of decision : August 08, 2017

Satpal Singh …..Petitioner

Versus

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

itself.

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

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. 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,

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

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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.

(Lisa Gill)
August 08, 2017 Judge
rts
Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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