Parneet Arora vs State Of Punjab & Another on 3 November, 2017

Criminal Misc. No.M- 20834 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 20834 of 2017 (OM)
Date of decision : November 03, 2017

Parneet Arora …..Petitioner

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Mohinder Kumar, Advocate
for the petitioner.

Mr. Rahul Rathore, DAG, Punjab.

None for respondent No.2.

***

LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 117 dated

18.03.2012 under Sections 498A, 420 IPC registered at Police Station Civil

Lines, District Amritsar City, 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 – petitioner. 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

31.05.2017 Annexure P-3). The present petition has been filed on the basis

of this compromise.

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It is informed that petition under Section 13B of Hindu

Marriage Act, 1955 (‘the Act’ – for short) filed by the petitioner and

respondent No. 2 has since been allowed on 10.08.2017. A certified copy of

the said judgment, decree as well as the statements of the parties recorded in

the said proceedings, produced in Court today are taken on record subject

to just exceptions.

This Court on 28.07.2017 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 out of the free will and volition of the parties without any

coercion, fear or undue influence. Learned trial court was also directed to

intimate whether the petitioner is absconding/proclaimed offender and

whether any other case is pending against him. Information was sought as

to whether all affected persons are a party to the settlement.

Pursuant to order dated 28.07.2017, the parties appeared before

the learned Additional Chief Judicial Magistrate, Amritsar and their

statements were recorded on 10.08.2017. Respondent No.2 stated that she

has amicably resolved the matter with the accused petitioner. Petition under

Section 13B of the Act is stated to have been filed by her as well as the

petitioner. Respondent No. 2 further stated that keys of the residential house

(belonging to her father-in-law) would be handed over at the time of

recording of final statement in the proceedings under Section 13B of the

Act. Respondent No.2 stated that she has no objection to the quashing of the

abovesaid FIR qua the petitioner. Statement of the petitioner in respect to

the compromise was also recorded.

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As per report dated 14.08.2017 received from the learned

Additional Chief Judicial Magistrate, Amritsar, it is opined that the

compromise between the parties is genuine, voluntary and arrived at out of

free will of the parties. The petitioner is not reported to be a proclaimed

offender. Statements of the parties are appended alongwith the said report.

It is informed by learned counsel for the petitioner that the keys

of the residential house of the petitioner’s father have since been handed

over by respondent No. 2.

Mr. G.B.S. Dhillon, Advocate had appeared on behalf of

respondent No.2 on 28.07.2017 and affirmed the factum of settlement

between the parties.

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

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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. 117 dated

18.03.2012 under Sections 498A, 420 IPC registered at Police Station Civil

Lines, District Amritsar City, alongwith all consequential proceedings are,

hereby, quashed.

(Lisa Gill)
November 03, 2017 Judge
rts
Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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