Rishi Kumar And Ors vs State Of Punjab And Anr on 22 September, 2017

Criminal Misc. No. M- 10516 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M- 10516 of 2017 (OM)
Date of decision : September 22, 2017

Rishi Kumar and others …..Petitioners

Versus
State of Punjab and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. J.K. Khetarpal, Advocate for the petitioners.
Mr. Karanbir Singh, AAG, Punjab.
Respondent No.2 – Sweety Sharma in person.
***
LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 01 dated

05.01.2016 under Sections 498A, 406 IPC registered at Police Station City

Sangrur 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 has been

arrived at between the parties. The parties have agreed to bury the hatchet

and live with each other. The present petition has been filed on the basis of

compromise arrived at between the parties.

It is informed that respondent No. 2 is living together with her

husband – petitioner No. 1 at their matrimonial home. Petitioner No. 1 as

well as respondent No. 2, duly identified by ASI Rajinder Singh, are present

in Court. They reiterated that both of them are living together in a peaceful

manner in their matrimonial home.

This Court on 16.05.2017 directed the parties to appear before

learned Illaqa Magistrate for recording their statements in respect to the

1 of 3
29-09-2017 00:47:57 :::
Criminal Misc. No. M- 10516 of 2017 (OM) 2

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 16.05.2017, the parties appeared before

the learned Chief Judicial Magistrate, Sangrur and their statements were

recorded on 08.07.2017. Respondent No.2 stated that the matter has been

amicably resolved with the intervention of respectables and she has resumed

co-habitation with her husband. Respondent No.2 stated that she has no

objection to the quashing of the abovesaid FIR qua the petitioners.

Statements of the petitioners in respect to the compromise were also

recorded.

As per report dated 17.07.2017 received from the learned Chief

Judicial Magistrate, Sangrur, it is opined that the compromise between the

parties is genuine, voluntary, arrived at out of their own free will, without

any pressure, coercion and undue influence. None of the petitioners are

reported to be the proclaimed offender. Statements of the parties are

appended alongwith the said report.

Learned counsel for the State, on instructions from ASI

Rajinder Singh, 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.

2 of 3
29-09-2017 00:47:58 :::
Criminal Misc. No. M- 10516 of 2017 (OM) 3

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. 01 dated 05.01.2016

under Sections 498A, 406 IPC registered at Police Station City Sangrur

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 petitioner(s) or it is found that the settlement was a mere

ruse to have the aforesaid FIR quashed.

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

3 of 3
29-09-2017 00:47:58 :::

Leave a Comment

Your email address will not be published. Required fields are marked *