Criminal Misc. No.M- 14667 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. No.M- 14667 of 2017 (OM)
Date of decision : November 24, 2017
Amit Kumar and others …..Petitioners
State of Punjab and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Sandeep Arora, Advocate
for the petitioners.
Mr. Saurav Khurana, DAG, Punjab.
Mr.G.S. Rawat, Advocate
for respondent No.2.
LISA GILL, J.
Prayer in this petition is for quashing of FIR No. 78 dated
Women Cell, Jalandhar city 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 17.01.2017 (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 filed by respondent No. 2 and her husband – petitioner
1 of 4
28-11-2017 00:48:14 :::
Criminal Misc. No.M- 14667 of 2017 (OM) 2
No. 1 has been allowed on 16.08.2017. Photocopy of the said judgment and
decree dated 16.08.2017 was taken on record on 11.09.2017.
This Court on 11.09.2017 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 11.09.2017, the parties appeared before
the learned Judicial Magistrate First Class, Jalandhar and their statements
were recorded on 18.09.2017. Respondent No.2 stated that the matter has
been amicably resolved with all the accused petitioners out of her own free
will, without any pressure, coercion or undue influence. Respondent No.2
stated that she has no objection to the quashing of the abovesaid FIR qua all
the petitioners. Judgment and decree dated 16.08.2017 in petition under
petitioners in respect to the compromise were also recorded. Statement of
petitioner No. 2 – Mohinder Pal has been recorded through Local
Commissioner as he is bed ridden due to sickness.
As per report dated 06.10.2017 received from the learned
Judicial Magistrate First Class, Jalandhar, the compromise between the
parties is opined, to be genuine, arrived at out of free will of the parties,
without any force or pressure. None of the petitioners is reported to be a
2 of 4
28-11-2017 00:48:15 :::
Criminal Misc. No.M- 14667 of 2017 (OM) 3
proclaimed offender. Statements of the parties are appended alongwith the
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
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. 78 dated
3 of 4
28-11-2017 00:48:15 :::
Criminal Misc. No.M- 14667 of 2017 (OM) 4
Women Cell, Jalandhar city alongwith all consequential proceedings are,
November 24, 2017 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
4 of 4
28-11-2017 00:48:15 :::