CRM No.M-33032 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M- 33032 of 2017(OM)
Date of Decision: November 21 , 2017.
Naresh Kumar and others …… PETITIONER(s)
Versus
State of Punjab and another …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Krishan Sehajpal, Advocate
for the petitioners.
Mr. Saurav Khurana, DAG, Punjab.
Ms. Kaavya Jariyal, Advocate
for respondent No.2.
*****
LISA GILL, J.
Prayer in this petition is for quashing of FIR No.103 dated
03.07.2016 under Sections 406/498A IPC registered at Police Station Sadar
Jalandhar 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 was arrived at between
the parties, the terms of which were reduced into writing on 10.03.2016
(Annexure P2). Petitioner No.1 and respondent No.2 decided to part ways.
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It is informed that petition under Section 13B of the Hindu Marriage
Act, 1955 filed by petitioner No.1 and respondent No.2 was allowed on
03.04.2017 (Annexure P3) and the entire settled amount has been handed over to
respondent No.2.
This Court on 08.09.2017 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 08.09.2017, 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 by her with the accused petitioners. The settlement, it is
stated, has been arrived at out of her own free will, without any threat, coercion,
inducement or pressure. It is mentioned that petition under Section 13B of the
Hindu Marriage Act, 1955 was allowed on 03.04.2017 (Ex.PA). Respondent
No.2 further stated that she has no objection in case the abovesaid FIR against
the accused petitioners is quashed. Statements of the petitioners in respect to the
settlement were recorded as well.
As per report dated 12.10.2017 received from the learned Judicial
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Magistrate First Class, Jalandhar, it is opined that the compromise between the
parties is genuine, arrived at between them without any undue influence or
coercion from any quarter. None of the three petitioners are reported to be
proclaimed offenders. 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 submitted that the entire settled
amount has been received by respondent No.2. It is reiterated that respondent
No.2 has no objection to the quashing of the abovementioned FIR against all the
petitioners.
Learned counsel for the State, on instructions from HC Gurmeet
Singh, submits that as the abovesaid FIR arises out of a matrimonial dispute, the
State has no objection to the quashing of the FIR in question as well as all
consequential proceedings 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.
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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.103 dated 03.07.2016
under Sections 406/498A IPC registered at Police Station Sadar Jalandhar
alongwith all consequential proceedings are, hereby, quashed.
( LISA GILL )
November 21 , 2017. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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