Amrinder Singh And Ors vs State Of Punjab And Anr on 5 September, 2017

CRM No.M-11512 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 11512 of 2017(OM)
Date of Decision: September 5 , 2017.

Amrinder Singh and others …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Ranjodh Singh Sidhu, Advocate
for the petitioners.

Mr. Karanbir Singh, AAG, Punjab.

Mr. Harish Goyal, Advocate for
Mr. Satsimran Singh Gill, Advocate
for the complainant/respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.0153 dated

17.11.2016 under Sections 406/498A IPC registered at Police Station Women,

District Police Commissionerate 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 was arrived at between

the parties. It is informed that petitioner No.1 and respondent No.2 have decided

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CRM No.M-11512 of 2017 [2]

to part ways. Petition under Section 13B of the Hindu Marriage Act, 1955 has

been filed by them. Statements of the parties at first motion have been recorded

in the said petition and the matter is now fixed for 11.09.2017 for recording

statements of the parties at second motion. The parties, it is submitted, shall

abide by the terms and conditions of the settlement arrived at between them.

This Court on 16.05.2017 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 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 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 16.05.2017, the parties appeared before the

learned Judicial Magistrate First Class, Jalandhar and their statements were

recorded on 25.05.2017. Respondent No.2 stated that she has compromised the

matter amicably with all the accused with the intervention of the respectables.

The compromise, it is stated, has been arrived at voluntarily, out of her own free

will, consent, without any kind of pressure, force, threat or coercion and undue

influence from any quarter. Respondent No.2 further stated that she has no

objection to the quashing of the abovesaid FIR against all the accused

petitioners. Joint statement of the petitioners in respect to the settlement was

recorded as well.

As per report dated 14.06.2017 received from the learned Judicial

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CRM No.M-11512 of 2017 [3]

Magistrate First Class, Jalandhar it is opined that the compromise between the

parties is genuine and is not the result of any kind of pressure or coercion. None

of the accused petitioners are reported to be proclaimed offenders. Photocopies

of the 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 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.

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CRM No.M-11512 of 2017 [4]

This petition is, thus, allowed and FIR No.0153 dated 17.11.2016

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

Police Commissionerate Jalandhar alongwith all consequential proceedings are,

hereby, quashed.

However, liberty is afforded to respondent No.2 to file necessary

application for revival of the proceedings in the above said FIR, in case the terms

and conditions of settlement between the parties are not adhered to by the

petitioners or it is found that the settlement was a mere ruse to have the aforesaid

FIR quashed.

( LISA GILL )
September 5 , 2017. JUDGE
‘om’

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

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