Criminal Misc. No.M- 14283 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. No.M- 14283 of 2017 (OM)
Date of decision : September 26, 2017
Amardeep Singh and others …..Petitioners
State of Haryana and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Dishant Rishi, Advocate for
Mr. Amit Goyal, Advocate
for the petitioners.
Mr. Ramesh Kumar Ambavta, AAG, Haryana.
Mr. Gunjeet Brar, Advocate
for respondent No.2.
LISA GILL, J.
Prayer in this petition is for quashing of FIR No. 332 dated
Police Station City Dabwali, District Sirsa 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 30.03.2017 (Annexure P-2). The present petition has been filed on the
basis of this compromise.
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It is informed that petition under Section 13B of the Hindu
Marriage Act, 1955 (for short – ‘the Act’) has been filed by respondent No. 2
and her husband – petitioner No. 1. A sum of `10 lakhs has been handed
over to respondent No. 2 at the time of recording of their statements at first
motion in petition under Section 13B of the Act. Rest of the settled amount
of `10 lakhs has been handed over to Sh. Darshan Singh son of Sh.
Gurbachan Singh and shall be remitted to respondent No. 2 at the time of
recording of statements at second motion in the petition under Sections 13B
of the Act.
This Court on 01.06.2017 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 01.06.2017, the parties appeared before
the learned Sub Divisional Judicial Magistrate, Dabwali and their
statements were recorded on 31.07.2017. Respondent No.2 stated that she
has amicably resolved the matter with all the accused persons. The
settlement has been arrived at out of her own free will, without any kind of
pressure. It is stated that the petition under Section 13B of the Act has been
filed. Respondent No.2 stated that she has no objection to the quashing of
the abovesaid FIR qua the petitioners as she does not wish to proceed with
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the matter any longer. A joint statement of the petitioners in respect to the
compromise was also recorded.
As per report dated 03.08.2017 received from the learned Sub
Divisional Judicial Magistrate, Dabwali, it is opined that the compromise
between the parties is genuine, arrived at voluntary, without any fear or
force. None of the petitioners is reported to be a proclaimed offender.
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 provided
strict adherence to the terms and conditions of the settlement by the
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
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.
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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. 332 dated
Police Station City Dabwali, District Sirsa 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.
September 26, 2017 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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