Criminal Misc. No.M- 34236 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M- 34236 of 2017 (OM)
Date of decision : November 03, 2017
Gurmeet Singh Grewal and another …..Petitioners
Versus
State of Punjab and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Yogesh Goel, Advocate
for the petitioners.
Mr. Rahul Rathore, DAG, Punjab.
Mr.G.S. Sidhu, Advocate
for respondent No.2.
***
LISA GILL, J.
Prayer in this petition is for quashing of FIR No. 11 dated
07.01.2016 under Sections 406, 498A, 120B IPC registered at Police Station
City Barnala, District Barnala 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.
Settlement/agreement dated 18.08.2017 (Annexure P-2) has been arrived at
between the parties before the Mediation and Conciliation Centre of this
Court. The present petition has been filed on the basis of this compromise.
This Court on 15.09.2017 directed the parties to appear before
learned trial court/Illaqa Magistrate for recording their statements in respect
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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 without any coercion, fear or undue influence.
Learned trial court/Illaqa Magistrate 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 15.09.2017, the parties appeared before
the learned Judicial Magistrate First Class, Barnala and their statements
were recorded on 27.09.2017. Respondent No.2 stated that the matter has
been amicably resolved by her with both the petitioners. The settlement has
been arrived at out of her own free will and without any pressure. The
settlement was arrived at before the Mediation and Conciliation Centre of
this Court. Photocopy of the same was produced before the learned Judicial
Magistrate First Class, Barnala (Ex. CX). She further stated that she has
withdrawn her application under Section 125 Cr.P.C. as well as Protection
of Women from Domestic Violence Act. Petition under Section 13B of
Hindu Marriage Act, 1955 (‘the Act’ – for short) is mentioned to be filed by
the parties. Respondent No.2 stated that she has no objection to the
quashing of the abovesaid FIR qua the petitioners. Statements of the
petitioners in respect to the compromise were also recorded.
As per report dated 11.10.2017 received from the learned
Judicial Magistrate First Class, Barnala, it is opined that the compromise
between the parties is genuine, valid, without any coercion or undue
influence from any corner. None of the petitioners is reported to be a
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proclaimed offender. Statements of the parties are appended alongwith the
said report.
Learned counsel for the petitioners and respondent No. 2 affirm
and verify that petition under Section 13B of the Act has been filed.
Statements of the parties at first motion have been recorded. Learned
counsel for respondent No. 2 submits that part of the settled amount i.e. `15
lakhs has been received by respondent No. 2 and the rest of the amount i.e.
`20 lakhs is to be handed over to her on 14.03.2018 at the time of recording
of the statements of the parties at second motion in petition under Section
13B of the Act. It is reiterated that respondent No.2 has no objection to the
quashing of the abovementioned FIR subject to strict adherence to the
terms and conditions of the 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.
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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. 11 dated
07.01.2016 under Sections 406, 498A, 120B IPC registered at Police Station
City Barnala, District Barnala 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.
(Lisa Gill)
November 03, 2017 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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