Pushpinder Singh And Ors vs State Of Punjab And Anr on 21 September, 2017

CRM No.M-8784 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 8784 of 2017(OM)
Date of Decision: September 21 , 2017.

Pushpinder Singh and others …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Jagdeep Singh Bajwa, Advocate for
Mr. GBS Dhillon, Advocate
for the petitioners.

Mr. Karanbir Singh, AAG, Punjab.

Mr. Inderpal Singh Parmar, Advocate
for the complainant/respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.63 dated

11.06.2013 under Sections 406/498A IPC registered at Police Station Women

Ludhiana, District Ludhiana 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 instance of respondent No.2

due to matrimonial discord with her husband i.e., petitioner No.1. The matter

has been amicably settled between the parties before the Mediation and

Conciliation Centre at District Courts, Ludhiana, the terms of which were

reduced into writing on 17.12.2016 (Annexure P2). Petitioner No.1 and

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CRM No.M-8784 of 2017 [2]

respondent No.2 decided to part ways. It is informed that petition under Section

13B of the Hindu Marriage Act, 1955 filed by them has since been allowed on

31.08.2017. Learned counsel for the petitioners submits that the entire settled

amount has been handed over to respondent No.2.

This Court on 27.04.2017 directed the parties to appear before

learned trial court for recording their statements in respect to the above-

mentioned compromise. Learned trial court 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 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 27.04.2017, the parties appeared before the

learned Judicial Magistrate First Class, Ludhiana and their statements were

recorded on 17.05.2017. Respondent No.2 stated that the matter has been

amicably resolved before the Mediation and Conciliation Centre at District

Courts, Ludhiana. Copy of the compromise was tendered as Ex.CA. It is further

stated that petition under Section 13B of the Hindu Marriage Act, 1955 has been

filed by the parties. It is stated that she settled the matter with the accused

petitioners out of her own free will and has no objection in case the abovesaid

FIR is quashed against the accused petitioners. Joint statement of the petitioners

in respect to the settlement was recorded as well.

As per report dated 20.05.2017 received from the learned Judicial

Magistrate First Class, Ludhiana, it is opined that the settlement between the

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CRM No.M-8784 of 2017 [3]

parties is genuine, arrived at out of their free will without any pressure or

coercion. None of the petitioners are reported to be proclaimed offenders.

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

compromise arrived at between the parties, 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

arises out of a matrimonial dispute, the State has no objection to the quashing of

the FIR in question as well as all consequential proceedings 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.

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CRM No.M-8784 of 2017 [4]

This petition is, thus, allowed and FIR No.63 dated 11.06.2013

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

District Ludhiana alongwith all consequential proceedings are, hereby, quashed.

( LISA GILL )
September 21 , 2017. JUDGE
‘om’

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

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