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Davinder Singh And Ors vs State Of Punjab And Anr on 10 November, 2017

Criminal Misc. No.M- 30369 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 30369 of 2017 (OM)
Date of decision : November 10, 2017

Davinder Singh and others …..Petitioners

Versus
State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Jagatpal Singh Banwait, Advocate for
Mr. Sarju Puri, Advocate
for the petitioners.

Mr. Karanbir Singh, AAG, Punjab.

Mr. Vijay Kumar, Advocatefor respondent No.2.

***
LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 29 dated

19.04.2017 under Sections 406, 498A IPC registered at Police Station

Mukandpur, District SBS Nagar and all other consequential proceedings

arising therefrom on the basis of a compromise arrived at between the

parties.

At the outset, it is noted that due to a typographical mistake, in

the memo of parties, respondent No. 2 – Sharanjit Kaur is reflected as

daughter of Daljit singh whereas it should be ‘Sharanjit Kaur wife of Daljit

Singh’. Necessary correction be carried out in the memo of parties by the

Registry of this Court.

The abovesaid FIR was registered at the instance of respondent

No.2 due to matrimonial discord with her husband i.e., petitioner No.5.

With the intervention of respectables and relatives, a compromise has been

arrived at between the parties, the terms of which were reduced into writing

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on 07.07.2017 (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 has been filed by respondent No. 2 and petitioner No. 5.

Their statements at first motion have been recorded in the said petition. The

entire settled amount of `8 lakhs has since been received by respondent

No. 2.

This Court on 21.08.2017 directed the parties to appear before

learned trial court/Illaqa Magistrate for recording their statements in respect

to the above-mentioned compromise. Learned trial court/Illaqa Magistrate

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/Illaqa Magistrate 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 21.08.2017, the parties appeared before

the learned Judicial Magistrate First Class, Shaheed Bhagat Singh Nagar

and their statements were recorded on 16.10.2017. Daljit Singh (petitioner

No. 5) is represented through his father and authorised power of attorney

holder – Davinder Singh (petitioner No. 1). Respondent No.2 stated that the

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

out of her own free will and without any pressure. Respondent No.2 stated

that she has no objection to the quashing of the abovesaid FIR qua the

petitioners. A joint statement of the petitioners in respect to the compromise

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Criminal Misc. No.M- 30369 of 2017 (OM) 3

was also recorded.

As per report dated 17.10.2017 received from the learned

Judicial Magistrate First Class, Shaheed Bhagat Singh Nagar, it is opined

that the compromise between the parties is genuine, voluntary, arrived at

without any coercion or undue influence. 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

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Criminal Misc. No.M- 30369 of 2017 (OM) 4

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. 29 dated 19.04.2017

under Sections 406, 498A IPC registered at Police Station Mukandpur,

District SBS Nagar 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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