Amit Kumar And Ors vs State Of Punjab And Anr on 24 November, 2017

Criminal Misc. No.M- 14667 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 14667 of 2017 (OM)
Date of decision : November 24, 2017

Amit Kumar and others …..Petitioners

Versus

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

27.12.2012 under Sections 498A, 406 IPC registered at Police Station

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

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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

Section 13B of Hindu Marriage Act was re-affirmed. Statements of the

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

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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

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

27.12.2012 under Sections 498A, 406 IPC registered at Police Station

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Women Cell, Jalandhar city alongwith all consequential proceedings are,

hereby, quashed.

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

Whether reportable : Yes/No

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