Criminal Misc. No.M- 16736 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M- 16736 of 2017 (OM)
Date of decision : November 10, 2017
Prashant Nath Sharma and others …..Petitioners
Versus
State of Haryana and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Prabhjot Singh, Advocate and
Ms. Khushbir Kaur Bhullar, Advocate
for the petitioners.
Mr. Anmol Malik, AAG, Haryana.
Mr. Rajiv Kumar Saini, Advocate
for respondent No.2.
***
LISA GILL, J.
Prayer in this petition is for quashing of FIR No.316 dated
08.08.2016 under Sections 323, 34, 406, 498A, 506 IPC registered at Police
Station Old Faridabad Police Station, District Faridabad 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.
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 05.04.2017 (Annexure P-5). The present petition has been filed on the
basis of this compromise.
It is informed that petition under Section 13B of Hindu
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Marriage Act, 1955 (‘the Act’ – for short) has since been allowed on
12.10.2017. The entire settled amount has been received by respondent No.
2 and there is no impediment to the quashing of the abovesaid FIR.
This Court on 29.08.2017 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 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 29.08.2017, the parties appeared before
the learned Judicial Magistrate First Class, Faridabad and their statements
were recorded on 12.10.2017. A joint statement of all the petitioners as well
as the complainant was recorded by the learned Judicial Magistrate First
Class, Faridabad. It is stated that the matter has been amicably resolved
between the parties, out of their own free will, without any force, fear,
coercion etc. Petition under Section 13B of the Act is stated to have been
filed. The statements of the parties at the first motion were recorded on
07.04.2017 and a sum of `12 lakhs was handed over to respondent No. 2 at
that stage. Thereafter, the remaining amount of `23 lakhs was received by
her on 12.10.2017. It is stated that respondent No.2 has no objection to the
quashing of the abovesaid FIR qua the petitioners.
As per report dated 12.10.2017 received from the learned
Judicial Magistrate First Class, Faridabad, the settlement between the
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parties is opined to be genuine, arrived at out of their own free will, without
any threat, pressure, undue influence or fraud. None of the petitioners is
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.
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.
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This petition is, thus, allowed and FIR No.316 dated
08.08.2016 under Sections 323, 34, 406, 498A, 506 IPC registered at Police
Station Old Faridabad Police Station, District Faridabad alongwith all
consequential proceedings are, hereby, quashed.
(Lisa Gill)
November 10, 2017 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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