Shehbaz @ Sehbaz vs State Of Punjab And Anr on 25 August, 2017

Criminal Misc. M- No. 18368 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. M- No. 18368 of 2017 (OM)
Date of decision : August 25, 2017

Shehbaz @ Sehbaz …..Petitioner

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Sunny K. Singla, Advocate
for the petitioner.

Mr. Karanbir Singh, AAG, Punjab.

None for respondent No.2.

***

LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 54 dated

23.04.2016 under Sections 406, 498A IPC registered at Police Station

Women, Ludhiana City 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. the petitioner. 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 21.02.2017 (Annexure P-2). The present petition has been filed on the

basis of this compromise.

It is informed that petitioner and respondent No. 2 have decided

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to part ways. The entire settled amount has since been handed over to

respondent No. 2.

This Court on 22.05.2017 directed the parties to appear before

learned Illaqa Magistrate for recording their statements in respect to the

above-mentioned compromise. Learned Illaqa Magistrate was directed to

submit a report regarding the genuineness of the compromise, as to whether

it has been arrived at voluntarily, without any coercion or undue influence.

Learned Illaqa Magistrate was also directed to intimate whether any of the

accused are proclaimed offenders. Information was sought regarding

number of persons arrayed as accused.

Pursuant to order dated 22.05.2017, the parties appeared before

the learned Judicial Magistrate First Class, Ludhiana and their statements

were recorded on 03.07.2017. Respondent No.2 stated that she has

amicably resolved the matter with the accused petitioner. It is stated that

divorce has been obtained by the parties. She has received a sum of

`1,50,000/- as full and final settlement of all her claims qua the petitioner.

Respondent No.2 stated that she has no objection to the quashing of the

abovesaid FIR qua the petitioner. Statements of the petitioner in respect to

the compromise were also recorded.

As per report dated 11.08.2017 received from the learned

Judicial Magistrate First Class, Ludhiana, it is opined that the compromise

between the parties is genuine, arrived at without any pressure or coercion

from any corner. The petitioner, who is the sole accused, is not reported to

be a proclaimed offender. Statements of the parties are appended alongwith

the said report.

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. 54 dated

23.04.2016 under Sections 406, 498A IPC registered at Police Station

Women, Ludhiana City 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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