Malkeet Singh And Ors vs State Of Punjab And Anr on 24 November, 2017

Criminal Misc. No.M- 23197 of 2015 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 23197 of 2015 (OM)
Date of decision : November 24, 2017

Malkeet Singh and others …..Petitioners

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. A.D.S. Jattana, Advocate
for the petitioners.

Mr. Saurav Khurana, DAG, Punjab.

Mr. Surinder Garg, Advocate
for respondent No.2.

***

LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 48 dated

10.07.2014 under Sections 498A, 406, 354, 34 IPC registered at Police

Station Sri Muktsar Sahib 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. A

compromise was arrived at between the parties before the Mediation and

Conciliation Centre of this Court, the terms of which were reduced into

writing on 19.12.2014 (Annexure P-3). Learned counsel for the parties

submit that during the pendency of the present petition a fresh compromise

(Annexure P-5) was arrived at between the parties on 09.05.2017. Quashing

of the abovesaid FIR is sought on the basis of this compromise.

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It is informed that petition under Sections 13B of Hindu

Marriage Act, 1955 filed by petitioner No. 1 and respondent No. 2 has since

been allowed on 21.11.2017. The entire settled amount between the parties

has been received by respondent No. 2.

This Court on 28.07.2017 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 28.07.2017, the parties appeared before

the learned Judicial Magistrate First Class, Malout and their statements were

recorded on 17.08.2017. Respondent No.2 stated that the matter has been

amicably resolved by her with all the accused petitioners as reflected in

settlement Ex. C1. The compromise, it is stated, has been effected out of her

own free will, without any coercion, fraud or misrepresentation. 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 06.09.2017 received from the learned

Judicial Magistrate First Class, Malout, it is opined that the compromise df

between the parties is genuine, voluntary, without any coercion or undue

influence. None of the petitioners is reported to be a proclaimed offender.

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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.

This petition is, thus, allowed and FIR No. 48 dated 10.07.2014

under Sections 498A, 406, 354, 34 IPC registered at Police Station Sri

Muktsar Sahib alongwith all consequential proceedings are, hereby,

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Criminal Misc. No.M- 23197 of 2015 (OM) 4

quashed.

(Lisa Gill)
November 24, 2017 Judge
rts
Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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