Sukhminder Singh vs State Of Punjab And Another on 24 August, 2017

CRM No.M-25039 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 25039 of 2017(OM)
Date of Decision: August 24 , 2017.

Sukhminder Singh …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Vikram Jeet Singh, Advocate
for the petitioner.

Mr. Karanbir Singh, AAG, Punjab.

Mr. D.S.Kahlon, Advocate
for the complainant/respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.122 dated

03.06.2009 under Sections 406/498A IPC registered at Police Station Jandiala

Guru, District Amritsar 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. The matter

has been settled amicably between the parties before the Mediation and

Conciliation Centre of this Court in CRM No.M-10016 of 2017, the terms of

which were reduced into writing on 06.07.2017 (Annexure P2). The parties wish

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CRM No.M-25039 of 2017 [2]

to live in peace and harmony and put an end to the acrimony between them. The

petitioner and respondent No.2 have decided to part ways.

A demand draft bearing No.732613 dated 16.08.2017 drawn on

Oriental Bank of Commerce for a sum of `3,00,000/- in favour of respondent

No.2 has been handed over to learned counsel for respondent No.2 in Court

today for onward transmission to her in terms of the compromise between the

parties. A photocopy of the demand draft dated 16.08.2017 is taken on record

subject to just exceptions. It is verified by learned counsel for respondent No.2

that the entire settled amount due towards the respondent No.2 has now been

received.

This Court on 14.07.2017 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

accused 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 14.07.2017, the parties appeared before the

learned Judicial Magistrate First Class, Amritsar and their statements were

recorded on 18.07.2017. Respondent No.2 stated that the matter has been

amicably resolved with the petitioner, who is the sole accused in this case. The

settlement, it is submitted, has been arrived at out of her own free will, without

any fear, pressure, threat or coercion. Respondent No.2 categorically stated that

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CRM No.M-25039 of 2017 [3]

she has no objection to the quashing of the abovesaid FIR. A sum of `4,00,000/-

is stated to have been received by her and another sum of `3,00,000/- would be

handed over to her in the present proceedings. Demand draft dated 16.08.2017

for a sum of `3,00,000/- has been received by learned counsel for respondent

No.2 in Court today. Statement of the petitioner in respect to the settlement was

recorded as well.

As per report received from the learned Judicial Magistrate First

Class, Amritsar vide letter No.210 dated 05.08.2017, satisfaction has been

expressed that the compromise between the parties is genuine, arrived at between

the parties out of their own free will without any fear, pressure, threat or

coercion. The petitioner is not reported to be a proclaimed offender. Statements

of the parties are appended alongwith the said report.

Learned counsel for respondent No.2 reaffirms and verifies the

factum of settlement between the parties. It is verified that the entire settled

amount of `7,00,000/- has now been received by respondent No.2. It is

reiterated that respondent No.2 has no objection to the quashing of the

abovementioned FIR against the petitioner.

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

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CRM No.M-25039 of 2017 [4]

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.122 dated 03.06.2009

under Sections 406/498A IPC registered at Police Station Jandiala Guru, District

Amritsar alongwith all consequential proceedings are, hereby, quashed.

( LISA GILL )
August 24 , 2017. JUDGE
‘om’

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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