Dharam Pal & Ors vs State Of Punjab & Ors on 30 August, 2017

CRM No.M-9381 of 2016 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 9381 of 2016(OM)
Date of Decision: August 30 , 2017.

Dharam Pal and others …… PETITIONER(s)

Versus

State of Punjab and others …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Manpreet Singh Longia, Advocate
for the petitioners.

Mr. Karanbir Singh, AAG, Punjab.

Mr. Abinashi Singh, Advocate
for the complainant/respondent No.3.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.142 dated

02.12.2015 under Sections 406/498A/506/120B IPC registered at Police Station

Amloh, District Fatehgarh Sahib 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.3

due to matrimonial discord with her husband i.e., petitioner No.2. With the

intervention of respectables and relatives, a compromise was arrived at between

the parties, the terms of which were reduced into writing on 09.03.2016

(Annexure P2). It is submitted that petitioner No.2 and respondent No.3 have

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CRM No.M-9381 of 2016 [2]

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

1955 has since been allowed on 18.08.2017.

Apart from the settlement (Annexure P2) it is additionally agreed

between the parties that the petitioners would have no objection to respondent

No.3 – Yogita meeting her younger child – Anav, once a month on each 4th

Saturday subject to any variation with the consent of both the parties. In respect

to the elder child – Himanish born out of this wedlock, it is agreed that as and

when he himself expresses his desire to meet his mother, the same shall be

honoured. An affidavit dated 25.08.2017 to this effect executed by petitioner

No.1 is on the record of this file.

This Court on 23.02.2017 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 23.02.2017, the parties appeared before the

learned Judicial Magistrate First Class, Amloh and their statements were

recorded on 01.03.2017. Respondent No.3 – Yogita stated that the matter has

been amicably resolved with the accused-petitioners. In terms of the settlement,

she received an FDR of ` 2,04,377/- drawn on Punjab Gramin Bank, a demand

draft of `5,00,000/- drawn on HDFC Bank and balance of `22,196/- in her

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CRM No.M-9381 of 2016 [3]

Saving Account No.79564. Respondent No.2 stated that the settlement has been

arrived at out of her free will, without any kind of fear or pressure. It is further

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

petitioners. Statements of the petitioners in respect to the settlement were

recorded as well.

As per report dated 04.03.2017 received from the learned Judicial

Magistrate First Class, Amloh it is opined that the compromise arrived at

between the parties is genuine, voluntary and not the result of any pressure or

coercion from any quarter. None of the petitioners are reported to be proclaimed

offenders. Statements of the parties are appended alongwith the said report.

Learned counsel for respondent No.3 reaffirms and verifies the

factum of settlement between the parties. It is reiterated that in view of the

settlement, respondent No.3 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

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CRM No.M-9381 of 2016 [4]

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.142 dated 02.12.2015

under Sections 406/498A/506/120B IPC registered at Police Station Amloh,

District Fatehgarh Sahib alongwith all consequential proceedings are, hereby,

quashed.

( LISA GILL )
August 30 , 2017. JUDGE
‘om’

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

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