Criminal Misc. No.M- 33220 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. No.M- 33220 of 2017 (OM)
Date of decision : February 14, 2018
Baljinder Singh and others …..Petitioners
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
Hoshiarpur, District Hoshiarpur and all other consequential proceedings
arising therefrom on the basis of a compromise arrived at between the
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 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
1 of 3
26-02-2018 06:03:29 :::
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
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.
2 of 3
26-02-2018 06:03:30 :::
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
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
Hoshiarpur, District Hoshiarpur alongwith all consequential proceedings
are, hereby, quashed.
February 14, 2018 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
3 of 3
26-02-2018 06:03:30 :::