Avtar Singh And Ors vs State Of Haryana And Anr on 10 October, 2017

CRM No.M-27571 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 27571 of 2017(OM)
Date of Decision: October 10 , 2017.

Avtar Singh and others …… PETITIONER(s)
Versus
State of Haryana and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Sanjay Verma, Advocate
for the petitioners.

Mr. Ramesh Kumar Ambavta, AAG, Haryana.

Mr. Rohit Chaudhary, Advocate
for the complainant/respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.46 dated 12.02.2015

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

Ambala 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. Petitioner No.1 and respondent No.2 decided to part ways.

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

Act, 1955 (for short, the ‘HMA’) filed by respondent No.2 and petitioner No.1 has

since been allowed. The entire settled amount has been handed over to

respondent No.2.

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CRM No.M-27571 of 2017
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This Court on 01.08.2017 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

voluntarily, without any threat or coercion. Learned trial court was also directed

to intimate whether any of the petitioners are proclaimed offenders.

Pursuant to order dated 01.08.2017, the parties appeared before the

learned Judicial Magistrate First Class, Ambala and their statements were

recorded on 11.08.2017. Respondent No.2 stated that the matter has been

amicably resolved by her with the accused petitioner. The settlement, it is stated,

has been arrived at out of her own free will, without any pressure, allurement or

undue influence. Petition under Section 13B of the HMA, it is mentioned, has

been filed and their statements in the said proceedings have been recorded.

Respondent No.2 further stated that she has no objection in case the abovesaid

FIR is quashed against the accused petitioners. Joint statement of the petitioners

in respect to the settlement was recorded as well.

As per report dated 11.08.2017 received from the learned Judicial

Magistrate First Class, Ambala, it is opined that settlement between the parties is

genuine, arrived at voluntarily without any threat or coercion. None of the

petitioners are reported to be proclaimed offenders. 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 all the

petitioners.

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CRM No.M-27571 of 2017
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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

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..46 dated 12.02.2015

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

Ambala alongwith all consequential proceedings are, hereby, quashed.

( LISA GILL )
October 10 , 2017. JUDGE
‘om’

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

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