Criminal Misc. No.M- 20709 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. No.M- 20709 of 2017 (OM)
Date of decision : October 03, 2017
Sahil Kapoor and another …..Petitioners
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
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
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
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.
October 03, 2017 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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