Naresh Kumar And Ors vs State Of Punjab And Anr on 21 November, 2017

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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