Savinder Singh & Ors vs State Of Punjab And Ors on 25 August, 2017

Criminal Misc. M- No. 36996 of 2016 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. M- No. 36996 of 2016 (OM)
Date of decision : August 25, 2017

Savinder Singh and others …..Petitioners

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Vijay Rana, Advocate
for the petitioners.

Mr. Karanbir Singh, AAG, Punjab.

None for respondent No.2.

***
LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 21 dated

29.06.2013 under Sections 406, 498A IPC registered at Police Station NRI

Jalandhar 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.1.

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 25.07.2016 (Annexure P-2). 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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Criminal Misc. M- No. 36996 of 2016 (OM) 2

It is informed that petition under Section 13B of Hindu

Marriage Act, 1955 has since been allowed.

This Court on 18.05.2017 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, 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 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 18.05.2017, the parties appeared before

the learned Chief Judicial Magistrate (NRI cases), Jalandhar and their

statements were recorded on 02.06.2017. Respondent No.2 stated that the

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

compromise, it is stated, is arrived at out of her own free will, without any

kind of pressure. Respondent No. 2 further stated that she has no objection

to the quashing of the abovesaid FIR qua the petitioners. Statements of the

petitioners in respect to the compromise were also recorded.

As per report dated 05.06.2017 received from the learned Chief

Judicial Magistrate (NRI cases), Jalandhar, it is opined that the compromise

between the parties has been arrived at out of their own free will, without

any pressure. None of the accused persons are reported to be proclaimed

offender. Statements of the parties are appended alongwith the said report.

Ms. Rishma Verma, Advocate had appeared on behalf of

respondent No.2 on 18.05.2017. She had verified the factum of settlement

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between the parties, pursuant to which, the parties were directed to appear

before the learned trial Court for recording their statements. It is reiterated

by learned counsel for the petitioners that the entire settled amount has been

handed over to respondent No. 2 and pursuant thereto petition under Section

13B of Hindu Marriage Act, 1955 has since been allowed.

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. 21 dated

29.06.2013 under Sections 406, 498A IPC registered at Police Station NRI

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Jalandhar alongwith all consequential proceedings are, hereby, quashed.

(Lisa Gill)
August 25, 2017 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No

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