Okesh Kumar And Ors vs State Of Haryana And Anr on 11 September, 2017

CRM No.M-19905 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 19905 of 2017(OM)
Date of Decision: September 11 , 2017.

Okesh Kumar and others …… PETITIONER(s)

Versus

State of Haryana and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Sushil Sheoran, Advocate
for the petitioners.

Mr. Anmol Malik, AAG, Haryana.

Mr. Mohit, Advocate
for the complainant/respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.331 dated

14.05.2013 under Sections 498A/406/506/323/34 IPC registered at Police Station

Sadar Bhiwani, District Bhiwani 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, the terms of which were reduced into writing on 20.05.2017

(Annexure P2). It is informed that marriage of petitioner No.1 and respondent

No.2 has been dissolved by a decree of divorce dated 18.03.2015. The

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CRM No.M-19905 of 2017 [2]

complainant/respondent No.2 has admittedly remarried.

This Court on 31.05.2017 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 validity or otherwise of the compromise.

Pursuant to order dated 31.05.2017, the parties appeared before the

learned Judicial Magistrate First Class, Bhiwani and their statements were

recorded on 24.07.2017. Respondent No.2 stated that divorce already stands

granted to her and her husband i.e., petitioner No.1. It is stated that she has

received the entire settled amount of `3,00,000/-. The compromise, it is stated,

has been arrived at out of her own free will and consent, without any coercion or

undue influence. Respondent No.2 further stated that she has no objection in

case the abovesaid FIR is quashed against all the accused petitioners. Statements

of the petitioners in respect to the settlement was recorded as well.

As per report dated 24.07.2017 received from the learned Judicial

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

parties is genuine and outcome of free consent of the parties. 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 in view of the

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

abovementioned FIR against all the petitioners.

Learned counsel for the State, on instructions from ASI Satya

Narain, submits that as the abovesaid FIR arises out of a matrimonial dispute, the

State has no serious objection to the quashing of this FIR on the basis of a

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CRM No.M-19905 of 2017 [3]

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.

This petition is, thus, allowed and FIR No.331 dated 14.05.2013

under Sections 498A/406/506/323/34 IPC registered at Police Station Sadar

Bhiwani, District Bhiwani alongwith all consequential proceedings are, hereby,

quashed.

( LISA GILL )
September 11 , 2017. JUDGE
‘om’

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

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