Gurdev Kaur And Ors vs State Of Punjab And Anr on 11 September, 2017

CRM No.M-14623 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 14623 of 2017(OM)
Date of Decision: September 11 , 2017.

Gurdev Kaur and others …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Deepak Verma, Advocate and
Mr. Shubhashish Kukreti, Advocate
for the petitioners.

Mr. Karanbir Singh, AAG, Punjab.

Mr. Narinder S.Lucky, Advocate
for the complainant/respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.29 dated

17.05.2016 under Sections 406/498A IPC registered at Police Station Behram,

District SBS Nagar and all other consequential proceedings arising therefrom on

the basis of a compromise arrived at between the parties as well as order dated

02.01.2017 passed by the learned Judicial Magistrate First Class, SBS Nagar

whereby the petitioners have been declared to be proclaimed offenders.

The abovesaid FIR was registered at the behest of respondent No.2

due to matrimonial discord with her husband i.e., petitioner No.3. It is submitted

that the petitioners were not present in India at the relevant time therefore, order

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CRM No.M-14623 of 2017 [2]

dated 02.01.2017 (Annexure P5) was passed without adherence to the provisions

of law. Moreover, the matter has been amicably resolved between the parties,

the terms of which were reduced into writing on 08.03.2017 (Annexure P3). The

parties wish to live in peace and harmony and put an end to the acrimony

between them. It is informed that petitioner No.3 and respondent No.2 are now

residing together in their matrimonial home in Italy alongwith their minor child.

Petitioner No.2 was admitted to interim bail on 20.07.2017 pursuant

to order dated 31.05.2017 passed in this case.

This Court on 10.07.2017 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 10.07.2017, the parties appeared before the

learned Judicial Magistrate First Class, SBS Nagar and their statements were

recorded on 20.07.2017. Liberty was afforded to petitioners No.1 and 3 as well

as respondent No.2 to appear through their respective power of attorney holders

for recording statements in respect to the settlement arrived at between the

parties. Respondent No.2 through her power of attorney holder (her father)

stated that the matter has been amicably resolved with all the petitioners.

Respondent No.2 has been rehabilitated in the matrimonial home. The

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CRM No.M-14623 of 2017 [3]

compromise, it is stated, has been arrived at voluntarily out of the free will of the

parties, without any coercion or undue influence of any kind. It is stated that

there is no objection in case the abovesaid FIR is quashed against the accused

petitioners. Statements of the petitioners (petitioners No.1 and 3 through their

respective power of attorney holders) in respect to the settlement were recorded

as well.

As per report dated 09.08.2017 received from the learned Judicial

Magistrate First Class, SBS Nagar it is opined that the compromise between the

parties is genuine and voluntary, arrived at out of the free will and consent of the

parties without any coercion or undue influence. 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 affirmed that respondent No.2 and

her husband i.e., petitioner No.3 are living together in Italy alongwith their minor

child. Accordingly, respondent No.2 has no objection to the quashing of the

abovementioned FIR against all the petitioners provided there is strict adherence

to the terms and conditions of the settlement between the parties.

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

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CRM No.M-14623 of 2017 [4]

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.29 dated 17.05.2016

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

Nagar as well as order dated 02.01.2017 passed by the learned Judicial

Magistrate First Class, SBS Nagar 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 11 , 2017. JUDGE
‘om’

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

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