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Ashwani Kumar And Ors vs State Of Punjab And Anr on 2 December, 2017

Criminal Misc. No.M- 34209 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 34209 of 2017 (OM)
Date of decision : December 02, 2017

Ashwani Kumar and others …..Petitioners

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Gulzar Mohd. Advocate
for the petitioners.

Mr. Rahul Rathore, DAG, Punjab.

Mr. V.S. Rana, Advocate for
Mr. Rajesh Gupta, Advocate
for respondent No.2.
***
LISA GILL, J.

CRM No. 37068 of 2017

Prayer in the application is for placing on record order dated

18.07.2017 as Annexure A-1. The same is taken on record subject to just

exceptions. Filing of certified/typed copy thereof is exempted.

Application is disposed of.

Criminal Misc. No.M- 34209 of 2017 (OM)

Prayer in this petition is for quashing of FIR No. 122 dated

07.10.2010 under Sections 406, 498A IPC registered at Police Station

Kartarpur, District Jalandhar and all other consequential proceedings arising

therefrom on the basis of a compromise dated 27.04.2017 (Annexure P-2).

CRM-No. 22496 of 2017 has been filed by petitioners No. 1

and 2 challenging order dated 26.02.2015 whereby they were declared to be

proclaimed persons and CRM-No. 24646 of 2017 has been filed by

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Criminal Misc. No.M- 34209 of 2017 (OM) 2

petitioner No. 3 challenging order dated 14.06.2012 whereby he was

declared to be proclaimed person.

It is submitted that the said orders declaring the petitioners to

be proclaimed persons are in complete violation of the provisions of law as

the said petitioners are permanent residents of Phillipines. They were not in

India at the relevant time and service was not effected on them. Moreover,

the matter has been amicably resolved between the parties. Petition under

Section 13 of the Hindu Marriage Act, 1955 filed by respondent No. 2 has

been allowed on 18.07.2017. As per the settlement, petitioner No. 3 did not

contest the same and he undertakes not to challenge this decree.

Learned counsel for the petitioners further submits that a sum

of ` 20,00,000/- (`20 lakhs) alongwith articles belonging to respondent No.

2 have been duly handed over to her. The amount of settlement is duly

mentioned in compromise dated 27.04.2017.

This Court on 15.09.2017 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 15.09.2017, the parties appeared before

the learned Chief Judicial Magistrate (NRI Cases), Jalandhar and their

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Criminal Misc. No.M- 34209 of 2017 (OM) 3

statements were recorded on 22.09.2017. Respondent No.2 stated that the

matter has been amicably resolved by her with all the three petitioners. She

has given the detail of the amount as well as the jewellery returned to her. It

is stated that compromise has been effected by respondent No. 2 voluntarily,

without any pressure from any quarter. It is further stated that she has no

objection to the quashing of the aforementioned FIR as well as

consequential proceedings including the orders declaring the petitioners to

be proclaimed persons. Statements of petitioners No. 1 and 2 in person and

of petitioner No. 3 through his power of attorney were also recorded in

respect to the settlement.

As per report dated 06.10.2017 received from the learned Chief

Judicial Magistrate (NRI Cases), Jalandhar it is opined that compromise

between the parties is genuine, voluntary, arrived at out of free will of the

parties, without any pressure. 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 as well as

the orders whereby the petitioners were declared to be proclaimed persons.

Learned counsel for the State, on instructions from ASI

Sukhwinder Singh, submits that respondent No. 2 has recorded a statement

before the police authorities on 29.11.2017 in respect to the settlement

arrived at between the parties. Photocopy of the same produced in Court

today is taken on record subject to just exceptions. 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

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Criminal Misc. No.M- 34209 of 2017 (OM) 4

parties as well as the orders whereby the petitioners were declared to be

proclaimed persons.

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. 122 dated

07.10.2010 under Sections 406, 498A IPC registered at Police Station

Kartarpur, District Jalandhar alongwith all consequential proceedings

including orders dated 26.02.2015 and 14.06.2012 are, hereby, quashed.

(Lisa Gill)
December 02, 2017 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No

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