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Kanta Dhand & Ors vs State Of Punjab & Anr on 5 December, 2017

Criminal Misc. No.M- 44227 of 2016 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 44227 of 2016 (OM)
Date of decision : December 05, 2017

Kanta Dhand and others …..Petitioners

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. S.S. Behl, Advocate
for the petitioners.

Mr. Saurav Khurana, DAG, Punjab.

None for respondent No.2.

***

LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 16 dated

09.06.2016 under Sections 406, 498A IPC registered at Police Station

Women Ferozepur, District Ferozepur alongwith 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.3.

Compromise has been arrived at between the parties before the Mediation

and Conciliation Centre of this Court, the terms and conditions of which

were reduced into writing on 02.12.2016 (Annexure P-2). The present

petition has been filed on the basis of this compromise.

Learned counsel for the petitioner informs that petition under

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Criminal Misc. No.M- 44227 of 2016 (OM) 2

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

petitioner No. 3 has since been allowed on 27.11.2017. The entire settled

amount has since been handed over to respondent No. 2.

This Court on 23.02.2017 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.

Liberty was afforded to petitioner No. 3 to have his statement

recorded through his power of attorney holder, Sh. Rakesh Dhand – his

father/petitioner No. 2.

Pursuant to order dated23.02.2017, the parties appeared before

the learned Chief Judicial Magistrate, Ferozepur and their statements were

recorded on 06.03.2017. Respondent No.2 stated that the matter has been

amicably resolved with the intervention of respectables. Settlement has been

arrived at out of her own free will, without any inducement, pressure, threat

or coercion. It is stated that the settlement was arrived at the Mediation and

Conciliation Centre of this Court on 02.12.2016. Respondent No.2 stated

that she has no objection to the quashing of the abovesaid FIR qua the

petitioners. Statements of petitioners No. 1 and 2 in respect to the

compromise were also recorded. Statement of petitioner No. 3 through his

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Criminal Misc. No.M- 44227 of 2016 (OM) 3

power of attorney was recorded. Statement of ASI Mohinder Singh, Police

Station Women, Ferozepur was recorded to the effect that none of the

petitioners are proclaimed offender.

As per report dated 15.03.2017 received from the learned Chief

Judicial Magistrate, Ferozepur, it is opined that compromise between the

parties is valid, genuine, arrived at out of free will of the parties. None of

the petitioners is reported to be a proclaimed offender. Statements of the

parties are appended alongwith the said report.

Ms. Ekta Thakur, learned counsel for respondent No.2 had

appeared on 23.02.2017. She had affirmed and verified the factum of

settlement between the parties while stating that respondent No.2 has no

objection to the quashing of the abovementioned FIR.

Learned counsel for the State, on instructions from ASI Jagtar

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.

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Criminal Misc. No.M- 44227 of 2016 (OM) 4

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. 16 dated

09.06.2016 under Sections 406, 498A IPC registered at Police Station

Women Ferozepur, District Ferozepur alongwith all consequential

proceedings are, hereby, quashed.

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

Whether reportable : Yes/No

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