Prashant Nath Sharma And Ors vs State Of Haryana And Anr on 10 November, 2017

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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