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Baljinder Singh And Ors vs State Of Punjab And Anr on 14 February, 2018

Criminal Misc. No.M- 33220 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 33220 of 2017 (OM)
Date of decision : February 14, 2018

Baljinder Singh and others …..Petitioners

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Surinder Thakur, Advocate for the petitioners.

Mr. Sukhleen Singh, AAG, Punjab

None for respondent No.2.
***
LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 120 dated

11.11.2012 under Sections 498A, 406 IPC registered at Police Station Sadar

Hoshiarpur, District Hoshiarpur 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.

Learned counsel for the petitioners submits that petition under Section 13B

of the Hindu Marriage Act, 1955 filed by petitioner No. 1 and respondent

No. 2 has since been allowed. The entire settled amount has been handed

over to respondent No. 2. The present petition has been filed on the basis of

this compromise.

This Court on 24.11.2017 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

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Criminal Misc. No.M- 33220 of 2017 (OM) 2

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 24.11.2017, the parties appeared before

the learned Additional Chief Judicial Magistrate, Hoshiarpur and their

statements were recorded on 07.12.2017. Respondent No.2 stated that the

matter has been amicably resolved between the parties before the Lok

Adalat at Hoshiarpur. The settlement, it is stated, has been arrived at out of

her own free will, without any pressure or coercion. Respondent No.2 stated

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

petitioners. Statements of the petitioners in respect to the compromise were

also recorded.

As per report dated 17.12.2017 received from the learned

Additional Chief Judicial Magistrate, Hoshiarpur, satisfaction is expressed

that the compromise between the parties is genuine, valid, voluntary, arrived

at out of free will of the parties, without any pressure, coercion or undue

influence. None of the petitioners is reported to be a proclaimed offender.

Statements of the parties are appended alongwith the said report.

On 24.11.2017, Mr. Jasraj Singh, Advocate had appeared on

behalf of respondent No. 2. He had affirmed and verified the factum of

settlement between the parties. It was submitted by learned counsel for

respondent No. 2 that in view of the settlement, respondent No. 2 has no

objection to the quashing of the aforesaid FIR against the petitioners.

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Criminal Misc. No.M- 33220 of 2017 (OM) 3

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. 120 dated

11.11.2012 under Sections 498A, 406 IPC registered at Police Station Sadar

Hoshiarpur, District Hoshiarpur alongwith all consequential proceedings

are, hereby, quashed.

(Lisa Gill)
February 14, 2018 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No

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