Amandeep Singh @ Ashu Rajput And … vs State Of Punjab And Another on 24 November, 2017

CRM No.M-30145 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 30145 of 2017(OM)
Date of Decision: November 24 , 2017.

Amandeep Singh @ Ashu Rajput and another …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Ms. Manpreet Kaur, Advocate for
Mr. Gursimran Singh Bawa, Advocate
for the petitioners.

Mr. Saurav Khurana, DAG, Punjab.

Mr. N.S.Gill, Advocate for
Mr. K.S.Lakhanpal, Advocate
for respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.138 dated

03.10.2014 under Section 498A IPC registered at Police Station B-Division,

District Amritsar 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 was arrived at between

the parties. Petitioner No.1 and respondent No.2 decided to part ways.

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It is informed that that petition under Section 13B of the Hindu

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

allowed on 07.07.2017.

This Court on 19.09.2017 directed the parties to appear before

learned Illaqa Magistrate for recording their statements in respect to the above-

mentioned compromise. Learned 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 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 19.09.2017, the parties appeared before the

learned Judicial Magistrate First Class, Amritsar and their statements were

recorded on 01.11.2017. Respondent No.2 stated that the matter has been

compromised by her with both the accused persons out of her own free will,

without any undue influence, pressure or coercion. It is stated that petition under

Section 13B of the Hindu Marriage Act, 1955 was allowed 07.07.2017.

Respondent No.2 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 03.11.2017 received from the learned Judicial

Magistrate First Class, Amritsar, it is opined that the settlement between the

parties has been arrived at out of their free will, without any kind of pressure,

duress, inducement or threat. None of the petitioners are reported to be

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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 reiterated that respondent No.2 has

no objection to the quashing of the abovementioned FIR against all the

petitioners.

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

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.

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.138 dated 03.10.2014

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under Section 498A IPC registered at Police Station B-Division, District

Amritsar City alongwith all consequential proceedings are, hereby, quashed.

( LISA GILL )
November 24 , 2017. JUDGE
‘om’

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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