Vikram Kumar @ Ashu & Ors vs State Of Punjab And Anr on 30 August, 2017

CRM No.M-18679 of 2016 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 18679 of 2016(OM)
Date of Decision: August 30 , 2017.

Vikram Kumar @ Ahsu and others …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

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

Mr. Karanbir Singh, AAG, Punjab.

Mr. Manpreet Singh Longia, Advocate
for the complainant/respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.202 dated

11.10.2015 under Sections 323/452/427/34 IPC registered at Police Station City

Rupnagar, District Rupnagar and all other consequential proceedings arising

therefrom on the basis of a compromise arrived at between the parties.

It is submitted that the abovesaid FIR primarily arises from a

matrimonial dispute between petitioner No.3 and her husband i.e., son of

respondent No.2 (father-in-law of petitioner No.3). 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). The

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CRM No.M-18679 of 2016 [2]

matrimonial dispute between petitioner No.3 and her husband has also been

resolved. Their petition under Section 13B of the Hindu Marriage Act, 1955 has

since been allowed on 18.08.2017. FIR No.142 dated 02.12.2015 under Sections

406/498A/506/120B IPC, Police Station Amloh lodged at the behest of petitioner

No.3 has been quashed by this Court vide order dated 30.08.2017 passed

separately in CRM No.M-9381 of 2016 (Dharam Pal and others v. State of

Punjab and others) on the basis of compromise between the parties. FIR in the

present case was registered at the instance of respondent No.2 i.e., father-in-law

of petitioner No.3.

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 Chief Judicial Magistrate, Rupnagar and their statements were recorded

on 03.03.2017. The complainant/respondent No.2 stated that the matter has been

amicably resolved between the parties. The compromise has been effected out of

his own sweet will without any inducement, threat or coercion. It is further

stated by respondent No.2 that he has no objection to the quashing of the

aforementioned FIR qua the petitioners. Statements of the petitioners in respect

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CRM No.M-18679 of 2016 [3]

to the settlement was recorded as well.

As per report dated 15.03.2017 received from the learned Chief

Judicial Magistrate, Rupnagar it is opined that the compromise arrived at

between the parties is genuine, arrived at out of the sweet will of the parties

without any inducement or coercion. None of the petitioners are reported to be

proclaimed offenders. Joint statement of the petitioners in respect to the

settlement was recorded as well. 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

primarily is the result 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”.

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

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CRM No.M-18679 of 2016 [4]

wastage of precious time of the court and would be an exercise in futility.

This petition is, thus, allowed and FIR No.202 dated 11.10.2015

under Sections 323/452/427/34 IPC registered at Police Station City Rupnagar,

District Rupnagar 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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