Manoj Parkhi vs State Of U T Chandigarh And Anr on 22 September, 2017

Criminal Misc. No. M-10021 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No. M-10021 of 2017 (OM)
Date of decision : September 22, 2017
Manoj Parkhi …..Petitioner
Versus

State of U.T. Chandigarh and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Gurmeet Singh, Advocate for the petitioner.

Mr. J.S. Toor, APP, for U.T., Chandigarh.

Ms. Amarjeet Kaur, Advocate for respondent No.2.
***
LISA GILL, J.

Prayer in this petition is for quashing of FIR No.86 dated

01.10.2016 under Sections 406 and 498A IPC registered at Police Station

Women, Chandigarh 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 – petitioner. With the

intervention of respectables and relatives, a compromise has been arrived at

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

18.03.2016 (Annexure P-2). The present petition has been filed on the basis

of this compromise.

It is informed by learned counsel for the petitioner that a

petition under Section 13B of Hindu Marriage Act, 1955 preferred by the

petitioner and respondent No. 2 has since been allowed on 01.08.2017 and

all claims – past, present and future of respondent No. 2 qua the petitioner,

stand satisfied.

This Court on 07.04.2017 directed the parties to appear before

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

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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 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 07.04.2017, the parties appeared before

the learned Judicial Magistrate First Class, Chandigarh and their statements

were recorded on 10.04.2017. Respondent No.2 stated that she

compromised the matter with her husband i.e. the petitioner out of her own

free will and volition, without any pressure and coercion. It is stated that a

petition under Section 13B of Hindu Marriage Act, 1955 seeking divorce by

mutual consent has been filed by them. Respondent No.2 stated that she has

no objection to the quashing of the abovesaid FIR against the petitioner.

Statement of the petitioner in respect to the compromise was also recorded.

As per report dated 17.04.2017 received from the learned

Judicial Magistrate First Class, Chandigarh it is opined that the compromise

between the parties is valid and genuine. Statements of the parties are

appended alongwith the said report. The petitioner is not reported to be a

proclaimed offender.

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.

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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 wastage of precious time of the court and would be an

exercise in futility.

This petition is, thus, allowed and FIR No.86 dated 01.10.2016

under Sections 406 and 498A IPC registered at Police Station Women,

Chandigarh alongwith all consequential proceedings are, hereby, quashed.

(Lisa Gill)
September 22, 2017 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No

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