Gurdeep Singh vs State Of Punjab And Another on 30 August, 2017

Criminal Misc. M- No. 14226 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. M- No. 14226 of 2017 (OM)
Date of decision : August 30, 2017

Gurdeep Singh …..Petitioner

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Naveen Kumar, Advocate for
Mr. Krishan Singh Dadwal, Advocate
for the petitioner.

Mr. Devinder Bir Singh, DAG, Punjab.

Mr. Vishal Sharma, Advocate for
Mr. Vijay Lath, Advocate
for respondent No.2.

***

LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 84 dated

28.12.2013 under Section 498A IPC registered at Police Station

Garhdiwala, District Hoshiarpur and all other consequential proceedings

arising therefrom on the basis of a compromise (Annexure P-4) arrived at

between the parties.

The abovesaid FIR was registered at the behest of respondent

No.2 due to matrimonial discord with her husband – petitioner. With the

intervention of respectables and relatives, a compromise has been arrived at

between the parties. The present petition has been filed on the basis of this

compromise.

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The exparte divorce obtained by respondent No. 2 on

16.08.2014 has been accepted by the petitioner. He has agreed not to contest

the same.

This Court on 03.08.2017 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 out of the free will and volition of the parties without

any coercion, fear or undue influence. Learned Illaqa Magistrate was also

directed to intimate whether the petitioner is absconding/proclaimed

offender and whether any other case is pending against him. Information

was sought as to whether all affected persons are a party to the settlement.

Pursuant to order dated 03.08.2017, the parties appeared before

the learned Judicial Magistrate First Class, Dasuya and their statements

were recorded on 16.08.2017. Respondent No.2 stated that the matter has

been compromised with the petitioner with the intervention of the

respectables of the village. Settlement, it is stated, has been arrived at out of

her own free will, without any coercion or undue influence. It is further

stated that two minor children born out of this wedlock would reside with

her. She has no objection to the quashing of the abovesaid FIR qua the

petitioner. It is mentioned by respondent No. 2 that all her dowry articles

have been received by her and now she has remarried on 05.05.2017.

Statements of the petitioner in respect to the compromise was also recorded.

As per report dated 21.08.2017 received from the learned

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

between the parties is genuine. The petitioner is not reported to be a

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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

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 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. 84 dated 28.12.2013

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under Section 498A IPC registered at Police Station Garhdiwala, District

Hoshiarpur alongwith all consequential proceedings are, hereby, quashed.

(Lisa Gill)
August 30, 2017 Judge
rts
Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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