Vikram Verma And Anr vs State Of Punjab And Anr on 22 September, 2017

CRM No.M-13584 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 13584 of 2017(OM)
Date of Decision: September 22 , 2017.

Vikram Verma and another …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Bhrigu Dutt Sharma, Advocate
for the petitioners.

Mr. Karanbir Singh, AAG, Punjab.

Mr. Gurcharan Dass, Advocate for
Mr. Pawan Sharma, Advocate
for the complainant/respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.5 dated 03.02.2015

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

City 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. With the

intervention of respectables and relatives, a compromise was arrived at between

the parties, the terms of which were reduced into writing on 22.03.2017

(Annexure P2). Petitioner No.1 and respondent No.2 decided to part ways. It is

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CRM No.M-13584 of 2017 [2]

informed that petition under Section 13B of the Hindu Marriage Act, 1955 (for

short, the ‘HMA’) was filed by them and statements of the parties at first motion

have been recorded. A sum of `2,00,000/- was handed over to respondent No.2

at that time. In terms of the compromise another sum of `2,00,000/- was handed

over to her at the time of recording of statements of the parties in the present

case. It is submitted that statements of petitioner No.1 and respondent No.2 at

second motion in the petition under Section 13B of the HMA are to be recorded

on 27.09.2017 and remaining amount of `2,00,000/- out of the total settled

amount of `6,00,000/- shall be remitted to respondent No.2 on the said date.

This Court on 14.07.2017 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 14.07.2017, the parties appeared before the

learned Judicial Magistrate First Class, Jalandhar and their statements were

recorded on 02.08.2017. Respondent No.2 stated that the matter has been

compromised with the accused petitioners with the intervention of respectables.

The compromise, it is stated, is genuine and effected voluntarily by her without

any kind of pressure, threat, force or coercion. Respondent No.2 stated that she

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CRM No.M-13584 of 2017 [3]

received a sum of `2,00,000/- in terms of the settlement on 02.08.2017. She

categorically stated that she has no objection in case the abovesaid FIR is

quashed against the accused petitioners. Statements of the petitioners in respect

to the settlement was recorded as well.

As per report dated 10.08.2017 received from the learned Judicial

Magistrate First Class, Jalandhar, compromise between the parties is opined to

be genuine, arrived at without any kind of 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 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 by them.

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”.

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CRM No.M-13584 of 2017 [4]

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.5 dated 03.02.2015 under

Sections 406/498A IPC registered at Police Station Women, Jalandhar City

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 22 , 2017. JUDGE
‘om’

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

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