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Sofat Ali @ Sokat Ali vs State Of U T Chandigarh And Ors on 18 January, 2018

CRM No.M-19211 of 2017
-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 19211 of 2017(OM)
Date of Decision: January 18 , 2018.

Sofat Ali @ Sokat Ali …… PETITIONER(s)

Versus

U.T. Chandigarh and others …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Sunil K.Chaudhary, Advocate
for the petitioners.

Mr. Deepinder Brar, APP, U.T.

Mr. Sukhdev S.Kanwar, Advocate
for respondents No.2 and 3.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.0056 dated

14.04.2017 under Sections 306/498A/511 IPC, registered at Police Station 3

(North), Chandigarh and all other consequential proceedings arising therefrom.

It is submitted that no offence punishable under Sections 306/511

IPC is made out in this case. The petitioner and his wife, respondent No.3 have

resumed cohabitation and are living together in their matrimonial home. The

abovesaid FIR was registered at the instance of respondent No.2 due to certain

misunderstandings which have since been removed.

Respondents No.2 and 3, duly identified by their counsel, are

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present in Court. Both of them reiterated that all misunderstandings between the

parties have been removed and respondent No.3 is living with the petitioner in

peace and harmony at her matrimonial home and does not wish to continue with

the proceedings against her husband.

This Court on 30.10.2017 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 the petitioner is absconding/proclaimed offender and whether any other

case is pending against him. Information was sought as to whether all affected

persons are a party to the settlement.

Pursuant to order dated 30.10.2017, the parties appeared before the

learned Judicial Magistrate First Class, Chandigarh and their statements were

recorded on 22.11.2017. The complainant/respondent No.2 as well as respondent

No.3/victim stated that the matter has been amicably resolved with the petitioner.

Matrimonial ties with the petitioner have been resumed by respondent No.3 and

they were residing peacefully in their matrimonial home. The settlement, it is

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

without any pressure or undue influence from any quarter. Both have stated that

they have no objection in case the abovesaid FIR against the accused petitioner

is quashed. Statement of the petitioner in respect to the settlement was recorded

as well.

As per report dated 22.11.2017 received from the learned Judicial

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Magistrate First Class, Chandigarh, satisfaction is expressed that the compromise

between the parties is genuine and voluntary, arrived at between them without

any coercion or pressure. The petitioner is not reported to be a proclaimed

offender. Statements of the parties are appended alongwith the said report.

Learned counsel for respondents No.2 and 3 reaffirms and verifies

the factum of settlement between the parties. It is reiterated that respondents

No.2 and 3 have no objection to the quashing of the abovementioned FIR against

the petitioner.

Learned counsel for Union Territory, Chandigarh 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

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wastage of precious time of the court and would be an exercise in futility.

This petition is, thus, allowed and FIR No.0056 dated 14.04.2017

under Sections 306/498A/511 IPC, registered at Police Station 3 (North),

Chandigarh 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 or it is found that the settlement was a mere ruse to have the aforesaid

FIR quashed.

( LISA GILL )
January 18 , 2018. JUDGE
‘om’

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

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