Criminal Misc. No.M- 14938 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M- 14938 of 2017 (OM)
Date of decision : November 06, 2017
Paras Mutneja …..Petitioner
Versus
State of Punjab and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Sunil Doda, Advocate
for the petitioner.
Mr. Saurav Khurana, DAG, Punjab.
Mr. Dinesh Trehan, Advocate
for respondent No.2.
***
LISA GILL, J.
Prayer in this petition is for quashing of FIR No. 12 dated
24.03.2015 under Section 498A IPC registered at Police Station City 2
Abohar, District Fazilka 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
10.04.2017 (Annexure P-2). The present petition has been filed on the basis
of this compromise.
It is informed that petition under Section 13B of Hindu
Marriage Act, 1955 filed by the petitioner and respondent No. 2 has since
been allowed on 23.10.2017.
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Criminal Misc. No.M- 14938 of 2017 (OM) 2
This Court on 17.08.2017 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 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 17.08.2017, the parties appeared before
the learned Judicial Magistrate First Class, Abohar and their statements
were recorded on 19.08.2017. Respondent No.2 stated that the matter has
been amicably resolved by her with the petitioner. Settlement has been
arrived at out of her own free will, without any pressure or coercion.
Respondent No.2 further 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.
As per report dated 29.08.2017 received from the learned
Judicial Magistrate First Class, Abohar it is opined that the compromise
between the parties is genuine, voluntary, arrived at out of free will of the
parties, without any pressure or coercion. The petitioner, who is a sole
accused, is not reported to be a proclaimed offender. 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.
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Criminal Misc. No.M- 14938 of 2017 (OM) 3
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
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. 12 dated
24.03.2015 under Section 498A IPC registered at Police Station City 2
Abohar, District Fazilka alongwith all consequential proceedings are,
hereby, quashed.
(Lisa Gill)
November 06, 2017 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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