Sahil Kapoor And Anr vs State Of Punjab And Anr on 3 October, 2017

Criminal Misc. No.M- 20709 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 20709 of 2017 (OM)
Date of decision : October 03, 2017

Sahil Kapoor and another …..Petitioners

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Karanjit Singh, Advocate
for the petitioners.

Mr. Rahul Rathore, DAG, Punjab.

Mr. Vinay Kumar, Advocate
for respondent No.2.

***

LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 76 dated

26.12.2016 under Section 498A IPC registered at Police Station Women,

District Amritsar 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 has been

arrived at between the parties, the terms of which were reduced into writing

on 15.05.2017 (Annexure P-2). The present petition has been filed on the

basis of this compromise.

Petitioner No. 1 and respondent No. 2 have decided to part

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ways. It is informed that petition under Section 13B of Hindu Marriage Act,

1955, has been filed by the petitioners. Their statements at first motion have

been recorded and the matter is stated to be listed for recording of

statements of the parties at second motion on 19.03.2018.

This Court on 02.06.2017 directed the parties to appear before

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

to the above-mentioned compromise. Learned trial court/Illaqa Magistrate

was directed to submit a report regarding the validity or otherwise of the

compromise.

Pursuant to order dated 02.06.2017, the parties appeared before

the learned Chief Judicial Magistrate, Amritsar and their statements were

recorded on 03.07.2017. Respondent No.2 stated that the matter has been

compromised by her with the accused petitioners out of her own free will,

consent, without any kind of pressure or coercion. Respondent No.2 further

stated that she has no objection to the quashing of the abovesaid FIR qua the

petitioners. A joint statement of the petitioners in respect to the compromise

was also recorded.

As per report dated 04.07.2017 received from the learned Chief

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

parties is bona fide and genuine. 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 against

the petitioners subject to strict adherence to the terms and conditions of the

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settlement by 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 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. 76 dated 26.12.2016

under Section 498A IPC registered at Police Station Women, District

Amritsar 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

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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)
October 03, 2017 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No

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