Shashi Verma @ Neelu Verma And Ors vs State Of Haryana & Anr on 8 August, 2017

Criminal Misc. M- No. 17414 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. M- No. 17414 of 2017 (OM)
Date of decision : August 08, 2017

Shashi Verma @ Neelu Verma and others …..Petitioners

Versus

State of Haryana and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Manbir Singh Batth, Advocate
for the petitioners.

Mr. Sandeep Vashisht, DAG, Haryana.

***

LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 69 dated

08.02.2010 registered under Sections 406, 498A, 120B, 379, 506 IPC at

Police Station Samalkha, District Panipat 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.

With the intervention of respectables and relatives, a compromise has been

arrived at between the parties, the terms of which were reduced into writing

on 28.04.2017. 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.

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This Court on 17.05.2017 directed the parties to appear before

learned trial court for recording their statements in respect to the above-

mentioned compromise. Learned trial court was directed to submit a report

regarding the genuineness of the compromise and the number of accused

persons involved in this case. Learned trial court was also directed to

intimate whether any of the petitioners are proclaimed offenders or not.

Pursuant to order dated 17.05.2017, the parties appeared before

the learned Sub Divisional Judicial Magistrate, Samalkha and their

statements were recorded on 26.05.2017. Respondent No.2 stated that the

matter has been compromised with all the petitioners in an amicable manner

with the intervention of respectables. Respondent No.2 stated that she has

no objection to the quashing of the abovesaid FIR against all the petitioners.

Statements of the petitioners in respect to the settlement were also recorded.

As per report dated 03.07.2017 received from the learned Sub

Divisional Judicial Magistrate, Smalkha (Panipat), it is mentioned that the

compromise between the parties is genuine, arrived at voluntarily, out of

their own free will. None of the three accused petitioners are reported to be

proclaimed offenders. Statements of the parties are appended alongwith the

said report.

Learned counsel for the petitioners submits that petition under

Section 13B of the Hindu Marriage Act, 1955 has been filed. Statements of

the parties at first motion have been recorded. Learned counsel for the

petitioners submits that the petitioners shall strictly adhere to the terms and

conditions of the settlement arrived at between the parties.

Mr. Rahul Arora, Advocate had appeared on behalf of

respondent No. 2 and in his presence the parties were directed to appear

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before the learned trial Court for recording their statements.

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

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. 69 dated 08.02.2010

registered under Sections 406, 498A, 120B, 379, 506 IPC at Police Station

Samalkha, District Panipat alongwith all consequential proceedings are,

hereby, quashed.

However, liberty is afforded to respondent No.2 to file

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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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