Criminal Misc. No.M- 30375 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 30375 of 2017 (OM)
Date of decision : December 21, 2017

Sukhjeet Singh and others …..Petitioners

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Kanwaljeet Singh Derabassi, Advocate
for the petitioners.

Mr. Saurav Khurana, DAG, Punjab.

Ms. Harpreet Kaur Arora, Advocate
for respondent No. 2.

***

LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 241 dated

12.06.2013 under Sections 406/498A IPC registered at Police Station

Zirakpur, District SAS Nagar 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.

Petition under Section 13B of the Hindu Marriage Act, 1955 (‘the Act’ – for

short), it is submitted, has been filed. Statements of the parties at first

motion have been recorded. Part of the settled amount has been handed

over to respondent No. 2. The petitioner undertakes to remit the balance

amount on 04.01.2018 at the time of recording of their statements at second

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motion.

This Court on 28.09.2017 directed the parties to appear before

learned trial court for recording their statements in respect to the above-

mentioned compromise. Learned trial court 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 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 28.09.2017, the parties appeared before

the learned Judicial Magistrate First Class, Dera Bassi and their statements

were recorded on 03.11.2017. The complainant – respondent No.2 stated

that the matter has been amicably resolved by her with all the petitioners out

of her own free will, without any pressure, undue influence, coercion,

inducement, threat or promise. Pendency of petition under Section 13 B of

the Act is mentioned. It is stated that in respect to the settlement, statements

of the parties were recorded in the proceedings under Section 125 Cr.P.C. as

well. Respondent No.2 stated that she has no objection to the quashing of

the abovesaid FIR qua the petitioners. Statements of the petitioners in

respect to the compromise were also recorded.

As per report dated 03.11.2017 received from the learned

Judicial Magistrate First Class, Dera Bassi, satisfaction is expressed that

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

will of the parties, without any coercion, undue influence or pressure. None

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

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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 subject to

strict adherence to the terms and conditions of the settlement by 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 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. 241 dated

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12.06.2013 under Sections 406/498A IPC registered at Police Station

Zirakpur, District SAS Nagar 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 21, 2017 Judge
rts
Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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