SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Guriqbal Singh & Ors vs State Of Punjab & Anr on 5 December, 2017

Criminal Misc. No.M- 23136 of 2016 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 23136 of 2016 (OM)
Date of decision : December 05, 2017

Guriqbal Singh and others …..Petitioners

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Talwinder Singh, Advocate for
Ms. Rakhi Sharma, Advocate
for the petitioners.

Mr. Saurav Khurana, DAG, Punjab.

Mr. Kewal Krishan, Advocate
for respondent No.2.

***
LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 139 dated

24.12.2014 under Sections 498A, 406, 323, 419, 420, 467, 468, 471 IPC

registered at Police Station Khilchian, District Amritsar (Rural) 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 02.05.2016 (Annexure P-2). The present petition has been filed on the

basis of this compromise.

1 of 4
10-12-2017 03:28:56 :::
Criminal Misc. No.M- 23136 of 2016 (OM) 2

It is submitted that divorce has since been granted to petitioner

No. 1 and respondent No. 2.

This Court on 10.01.2017 directed the parties to appear before

learned Illaqa/Area Magistrate for recording their statements in respect to

the above-mentioned compromise. Learned Illaqa/Area 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/Area

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 10.01.2017, the parties appeared before

the learned Sub Divisional Judicial Magistrate, Baba Bakala Sahib and their

statements were recorded on 20.01.2017. Respondent No.2 stated that the

matter has been amicably resolved by her with all the accused petitioners

out of her own free will, without any threat or pressure. Respondent No.2

further stated that she has no objection to the quashing of the abovesaid FIR

qua the petitioners as she did not wish to take further action. A joint

statement of the petitioners in respect to the compromise was also recorded.

Statement of ASI Sikander Lal, Police Station Khalchian was recorded to

the effect that none of the three accused persons are proclaimed offender.

As per report dated 25.01.2017 received from the learned Sub

Divisional Judicial Magistrate, Baba Bakala Sahib, it is opined that the

compromise between the parties is genuine, voluntary, arrived at out of their

own free will, without any pressure or coercion. None of the petitioners is

2 of 4
10-12-2017 03:28:57 :::
Criminal Misc. No.M- 23136 of 2016 (OM) 3

reported to be a 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, on instructions from ASI Jasbir

Singh, 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. 139 dated

24.12.2014 under Sections 498A, 406, 323, 419, 420, 467, 468, 471 IPC

3 of 4
10-12-2017 03:28:57 :::
Criminal Misc. No.M- 23136 of 2016 (OM) 4

registered at Police Station Khilchian, District Amritsar (Rural) alongwith

all consequential proceedings are, hereby, quashed.

However, liberty is afforded to respondent No.2 to file

necessary application for revival of the proceedings in the above said FIR,

in case the terms and conditions of settlement between the parties are not

adhered to by the petitioner(s) or it is found that the settlement was a mere

ruse to have the aforesaid FIR quashed.

(Lisa Gill)
December 05, 2017 Judge
rts
Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

4 of 4
10-12-2017 03:28:57 :::

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2018 SC and HC Judgments Online at MyNation
×

Free Legal Help just WhatsApp Away

MyNation HELP line

We are Not Lawyers but No Lawyer will give you Advice like We do

Please CLICK HERE to read Group Rules, If You agree then JOIN HERE

We handle Women centric biased laws like False 498A, Domestic Violence(DVACT), Divorce, Maintenance, Alimony, Child Custody, HMA24, 125 CrPc, 307, 313, 376, 377, 406, 420, 506, 509 etc

Web Design BangladeshWeb Design BangladeshMymensingh