Atul Kansal And Ors vs State Of Haryana And Anr on 24 August, 2017

Criminal Misc. M- No. 39278 of 2015 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. M- No. 39278 of 2015 (OM)
Date of decision : August 24, 2017

Atul Kansal and others …..Petitioners

Versus

State of Haryana and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Jagjot Singh, Advocate for the petitioners.

Mr. Sandeep Vashisht, DAG, Haryana.

Mr. Tanmoy Gupta, Advocate
for respondent No.2.

***

LISA GILL, J.

This petition was initially filed for quashing of FIR No. 179

dated 30.03.2009 under Sections 498A, 406 IPC registered at Police Station

Faridabad Central, Haryana and all other consequential proceedings arising

therefrom on the merits of the case. However, during the pendency of this

petition, the matter has been amicably resolved. This is so reflected in order

dated 02.02.2016 passed by this Court. It is informed by learned counsel for

the parties that thereafter petition under Section 13B of the Hindu Marriage

Act, 1955 filed by them has since been allowed.

This Court on 01.06.2017 directed the parties to appear before

learned Illaqa Magistrate/trial Court for recording their statements in respect

to the above-mentioned compromise. Learned Illaqa Magistrate/trial Court

was directed to submit a report regarding the genuineness of the

1 of 3
02-09-2017 08:23:22 :::
Criminal Misc. M- No. 39278 of 2015 (OM) 2

compromise, as to whether it has been arrived at voluntarily, without any

coercion or undue influence. Learned Illaqa Magistrate/trial Court 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 01.06.2017, the parties appeared before

the learned Judicial Magistrate First Class, Faridabad and their statements

were recorded on 17.07.2017. Respondent No.2 stated that settlement has

been arrived at out of her own free will, without any coercion,

misrepresentation or fraud. It is further stated by her that divorce by mutual

consent has been granted to her. It is categorically stated by respondent No.

2 that she has no objection to the quashing of the abovesaid FIR qua all the

accused petitioners. A joint statement of all the four petitioners in respect to

the compromise was also recorded.

As per report dated 18.07.2017 received from the learned Civil

Judge (Junior Division)-cum-Judicial Magistrate First Class, Faridabad, it is

opined that the compromise between the parties is genuine, voluntary,

arrived at out of their own free will and without any pressure. None of the

petitioners are 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 reiterated that respondent

No.2 has no objection to the quashing of the abovementioned FIR against

all the petitioners.

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

2 of 3
02-09-2017 08:23:23 :::
Criminal Misc. M- No. 39278 of 2015 (OM) 3

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. 179 dated

30.03.2009 under Sections 498A, 406 IPC registered at Police Station

Faridabad Central, Haryana alongwith all consequential proceedings are,

hereby, quashed.

(Lisa Gill)
August 24, 2017 Judge
rts
Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

3 of 3
02-09-2017 08:23:23 :::

Leave a Comment

Your email address will not be published. Required fields are marked *