Criminal Misc. No.M- 30369 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. No.M- 30369 of 2017 (OM)
Date of decision : November 10, 2017
Davinder Singh and others …..Petitioners
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
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
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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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
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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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,
November 10, 2017 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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