Paras Mutneja vs State Of Punjab And Anr on 6 November, 2017

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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