Malkiat Kaur vs State Of Punjab And Anr on 14 September, 2017

CRM No.M-34003 of 2016 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 34003 of 2016(OM)
Date of Decision: September 14 , 2017.

Malkiat Kaur …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Sunil Kumar Sharma, Advocate
for the petitioner.

Mr. Karanbir Singh, AAG, Punjab.

Ms. Archana, Advocate for
Mr. Amit Shukla, Advocate
for the complainant/respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.145 dated

09.12.2015 under Sections 406/498A IPC registered at Police Station Bullowal,

Hoshiarpur and all other consequential proceedings arising therefrom on the

basis of a compromise arrived at between the parties.

It is informed that the abovesaid FIR has been quashed qua the co-

accused – Gurdeep Singh i.e., the complainant’s husband, by this Court on

02.12.2016 in CRM No.M-12958 of 2016. The petitioner is the complainant’s

mother-in-law.

The aforementioned FIR was registered at the instance of respondent

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CRM No.M-34003 of 2016 [2]

No.2 due to matrimonial discord with her husband i.e., petitioner’s son. The

matter has been compromised between the parties with the intervention of

respectables and relatives. The parties wish to live in peace and harmony and

put an end to the acrimony between them. It is informed that the complainant/

respondent No.2 is now living happily in her matrimonial home alongwith her

husband and in-laws.

This Court on 12.07.2017 directed the parties to appear before

learned trial court/Illaqa Magistrate for recording their statements in respect to

the above-mentioned compromise. Learned trial court/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 trial court/Illaqa

Magistrate was also directed to intimate whether any of the accused 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 12.07.2017, the parties appeared before the

learned Judicial Magistrate First Class, Hoshiarpur and their statements were

recorded on 25.07.2017. Respondent No.2 stated that the matter was amicably

resolved between her, her husband and her mother-in-law i.e., the present

petitioner. The compromise has been arrived at out of her own free will, without

any pressure, fear or threat. Respondent No.2 disclosed that she was residing at

her matrimonial home. It is further stated that she has no objection in case the

abovesaid FIR is quashed against the accused petitioner. The FIR was registered

against the petitioner and her son only. Statement of the petitioner in respect to

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CRM No.M-34003 of 2016 [3]

the settlement was recorded as well.

As per report dated 27.07.2017 received from the learned Judicial

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

parties is genuine and voluntary, arrived at out of their free will without any

pressure or coercion. The petitioner is not 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 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

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CRM No.M-34003 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.145 dated 09.12.2015

under Sections 406/498A IPC registered at Police Station Bullowal, Hoshiarpur

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

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

FIR quashed.

( LISA GILL )
September 14 , 2017. JUDGE
‘om’

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

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