CRM No.M-43060 of 2017
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M- 43060 of 2017(OM)
Date of Decision: February 20 , 2018.
Ashwani and others …… PETITIONER(s)
Versus
State of Haryana and another …… RESPONDENT (s)
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. G.S.Sandhu, Advocate
for the petitioners.
Mr. Ashok S.Chaudhary, Addl.AG, Haryana.
Mr. Dinesh Maurya, Advocate
for the complainant/respondent No.2.
*****
LISA GILL, J.
Prayer in this petition is for quashing of FIR No.949 dated
15.10.2015 under Sections 323/506/498A IPC registered at Police Station City
Karnal 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. With the
intervention of respectables and relatives, a compromise was arrived at between
the parties, the terms of which were reduced into writing on 07.11.2017
(Annexure P3). Petitioner No.1 and respondent No.2 decided to part ways. It is
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submitted that petition under Section 13B of the Hindu Marriage Act, 1955 has
been filed by petitioner No.1 and respondent No.2. Statements of the parties at
first motion have been recorded in the said proceedings. Part of the settled
amount has been handed over to respondent No.2. The petitioner undertakes to
handover the balance amount of `2,00,000/- to respondent No.2 at the time of
recording of statements at second motion. It is thus prayed that this petition be
allowed.
This Court on 14.11.2017 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
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 14.11.2017, the parties appeared before the
learned Judicial Magistrate First Class, Karnal and their statements were
recorded on 14.12.2017. Respondent No.2 stated that she has compromised the
matter with all the petitioners out of her own free will and consent without any
kind of pressure or coercion. It is stated that she has withdrawn her petitions
under Section 125 Cr.P.C. as well as under the Protection of Women from
Domestic Violence Act, 2005. Petition under Section 13B of the Hindu Marriage
Act, 1955 is stated to be pending. Respondent No.2 stated that she has no
objection in case the abovesaid FIR against the accused petitioners is quashed.
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Joint statement of the petitioners in respect to the settlement was recorded as
well.
As per report dated 14.12.2017 received from the learned Judicial
Magistrate First Class, Karnal, satisfaction is expressed that the compromise
between the parties is genuine, arrived at out of the free will of the parties
without any pressure or undue influence. None of the petitioners are reported to
be proclaimed offenders. Statements of the 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
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
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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.949 dated 15.10.2015
under Sections 323/506/498A IPC registered at Police Station City Karnal
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
petitioners or it is found that the settlement was a mere ruse to have the aforesaid
FIR quashed.
( LISA GILL )
February 20 , 2018. JUDGE
‘om’
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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