Robin Dhir vs State Of Punjab & Anr on 4 October, 2017

CRM No.M-10330 of 2017 [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 10330 of 2017(OM)
Date of Decision: October 7 , 2017.

Robin Dhir …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Vinay Begra, Advocate
for the petitioner.

Mr. Rana Harjasdeep Singh, AAG, Punjab.

Mr. Vishal Satija, Advocate for
Mr. Charanpreet Singh, Advocate
for the complainant/respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.138 dated

28.10.2016 under Sections 406/498A IPC registered at Police Station Women,

District Ludhiana 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., the petitioner. With the

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

the parties, the terms of which were reduced into writing on 07.03.2017

(Annexure P2). The petitioner and respondent No.2 decided to part ways.

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CRM No.M-10330 of 2017 [2]

It is informed that petition under Section 13B of the Hindu Marriage

Act, 1955 (for short, the ‘HMA’) has been filed by the parties. Their statements

at first motion have been recorded in the said petition and the matter is now

listed for recording of their statements at second motion on 13.10.2017. It is

submitted that the petitioner undertakes to hand over the entire balance amount

in terms of the settlement to respondent No.2 at the time of recording of their

statements at second motion in the petition under HMA.

This Court on 05.07.2017 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 genuineness of the compromise, as to

whether it has been arrived at out of the free will and volition of the parties.

Learned trial court/Illaqa Magistrate was also directed to intimate number of

persons arrayed as accused, stage of trial/proceedings and whether any of the

accused are absconding/ proclaimed offenders. Information was sought as to

whether all affected persons are a party to the settlement.

Pursuant to order dated 05.07.2017, the parties appeared before the

learned Judicial Magistrate First Class, Ludhiana and their statements were

recorded on 28.07.2017. Respondent No.2 stated that the matter has been

compromised by her with the petitioner with the intervention of respectables.

Petition under Section 13B of the HMA has been filed by them. She further

stated that a sum of `3,00,000/- is to be handed over to her by the petitioner at

the time of recording of their statements at second motion in the petition under

the HMA. The compromise, it is stated, has been arrived at out of her own free

will, without any pressure or coercion. Respondent No.2 stated that she has no

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CRM No.M-10330 of 2017 [3]

objection in case the abovesaid FIR is quashed against the accused petitioner.

Statement of the petitioner in respect to the settlement was recorded as well.

As per report dated 11.08.2017 received from the learned Judicial

Magistrate First Class, Ludhiana, it is opined that the compromise between the

parties is genuine, arrived at between them without any pressure or coercion

from any quarter. The petitioner, who is the sole accused in this case, is not

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

alongwith the said report.

Learned counsel appearing 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 petitioner subject to strict adherence to the terms and conditions of

the settlement by the petitioner.

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”.

The Hon’ble Supreme Court in B.S.Joshi and others v. State of

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CRM No.M-10330 of 2017 [4]

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.138 dated 28.10.2016

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

Ludhiana 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 or it is found that the settlement was a mere ruse to have the aforesaid

FIR quashed.

( LISA GILL )
October 7 , 2017. JUDGE
‘om’

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

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