Manik Dhawan And Anr vs State Of Punjab And Anr on 10 November, 2017

Criminal Misc. No.M- 16096 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 16096 of 2017 (OM)
Date of decision : November 10, 2017

Manik Dhawan and another …..Petitioners

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Kewal Singh, Advocate
for the petitioner.

Mr. Karanbir Singh, AAG, Punjab.

Ms. Vandana Rana, Advocate
for respondent No.2.
***

LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 11 dated

03.02.2016 under Sections 406/498A IPC registered at Police Station

Women, District Ludhiana 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 10.04.2017 (Annexure P-2). The present petition has been filed on the

basis of this compromise.

Learned counsel for the petitioners submits that petition under

Section 13B of Hindu Marriage Act, 1955 (‘the Act’ – for short) has since

been allowed and the entire settled amount has been handed over to

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respondent No. 2.

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, Ludhiana and their statements

were recorded on 30.08.2017. Respondent No.2 stated that the matter has

been amicably resolved by her with all the accused petitioners with the

intervention of respectables. Petition under Section 13B of the Act has been

filed by them. All her claims – past, present and future with regard to

alimony and dowry have been settled as per compromise Ex. PW1/A. She

stated that the settlement has been arrived at out of her own free will,

without any pressure or coercion. Respondent No.2 stated that she has no

objection to the quashing of the abovesaid FIR qua the petitioners.

Statements of the petitioners in respect to the compromise were also

recorded.

As per report dated 09.09.2017 received from the learned

Judicial Magistrate First Class, Ludhiana it is opined that compromise

between the parties is genuine, arrived at out of their own free will, without

any pressure from any corner and coercion. None of the petitioners is

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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 that

the petition under Section 13B of the Act has been allowed and the entire

settled amount has been received by respondent No. 2. It is 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. 11 dated

03.02.2016 under Sections 406/498A IPC registered at Police Station

Women, District Ludhiana 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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