CRM No.M-18523 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M- 18523 of 2017(OM)
Date of Decision: November 6 , 2017.
Abhinav Sharma …… PETITIONER(s)
Versus
State of Haryana and another …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Raja Sharma, Advocate
for the petitioner.
Mr. Ramesh Kumar Ambavta, AAG, Haryana.
Mr. Amit Parashar, Advocate
for respondent No.2.
*****
LISA GILL, J.
Prayer in this petition is for quashing of FIR No.0006 dated
27.01.2016 under Sections 323/34/354A(1)/377/498A/506 IPC registered at
Police Station Women, Bhiwani and all other consequential proceedings arising
therefrom on the basis of compromise dated 10.03.2017 (Annexure P2) 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. The matter has
been amicably resolved between the parties before the Mediation and
Conciliation Centre of this Court, the terms of which were reduced into writing
on 10.03.2017 (Annexure P2). The petitioner and respondent No.2 decided to
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part ways.
It is informed that petition under Section 13B of the Hindu Marriage
Act, 1955 has been filed and the same is pending for 08.11.2017 for recording
statements of the parties at second motion. It is submitted that part of the settled
amount has been handed over to respondent No.2. The petitioner undertakes to
hand over the remaining amount to respondent No.2 on 08.11.2017.
This Court on 23.05.2017 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 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 23.05.2017, the parties appeared before the
learned Judicial Magistrate First Class, Bhiwani and their statements were
recorded on 10.07.2017. Respondent No.2 stated that matter has been amicably
resolved before the Mediation and Conciliation Centre of this Court. Copy of
the Agreement/Settlement was produced as Ex.C1 before the trial court. It is
further stated that petition under Section 13B of the Hindu Marriage Act, 1955
has been filed. Respondent No.2 stated that she has since withdrawn her petition
under Section 12 of the Protection of Women from Domestic Violence Act, 2005
as well as petition under Section 125 Cr.P.C. It is further stated that she has no
objection in case the abovesaid FIR against the accused petitioner is quashed.
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Statement of the petitioner in respect to the settlement was recorded as well.
As per report dated 10.07.2017 received from the learned Judicial
Magistrate First Class, Bhiwani, it is opined that the compromise between the
parties is genuine and an outcome of the free consent of both the parties, without
any coercion. The petitioner, who is the sole accused, is not reported to be a
proclaimed offender, neither involved in any other criminal case. 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 the petitioner
provided there is 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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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.0006 dated 27.01.2016
under Sections 323/34/354A(1)/377/498A/506 IPC registered at Police Station
Women, Bhiwani 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
petitioners or it is found that the settlement was a mere ruse to have the aforesaid
FIR quashed.
( LISA GILL )
November 6 , 2017. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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