Criminal Misc. No.M- 41257 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
Criminal Misc. No.M- 41257 of 2017 (OM)
Date of decision : February 23, 2018
Dinesh Singh Dhillon and others …..Petitioners
State of Haryana and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Dharampal Gill, Advocate
for the petitioners.
Mr. Anmol Malik, AAG, Haryana.
Mr. N.S. Shekhawat, Advocate
for respondent No.2.
LISA GILL, J.
Prayer in this petition is for quashing of FIR No. 0262
dated 10.12.2016 under Sections 323, 354, 506 IPC (Section 377 IPC
added later) registered at Women Police Station Gurgaon, District
Gurgaon and all other consequential proceedings arising therefrom on
the basis of a compromise arrived at between the parties before the
Mediation and Conciliation Centre of this Court on 04.05.2017
The abovesaid FIR was registered at the instance of
respondent No.2 due to matrimonial discord with her husband i.e.,
petitioner No.1. FIR No. 0547 dated 11.11.2016 under Sections 323,
498A, 506, 34 IPC registered at Police Station Badshahpur, District
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Gurgaon has been quashed by this Court vide separate order of even
date in CRM-M-41274-2017, on the basis of settlement arrived at
between the parties.
It is submitted that the matter was amicably resolved by the
parties before the Mediation and Conciliation Centre of this Court.
Pursuant thereto, petition under Section 13B of the Hindu Marriage Act
was filed. Statements of the parties at second motion have also been
recorded on 22.01.2018 and the matter is now listed for 12.03.2018.
This Court on 09.11.2017 directed the parties to appear
before learned Chief Judicial Magistrate, Gurgaon for recording their
statements in respect to the above-mentioned compromise. Learned
Chief Judicial Magistrate, Gurgaon 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 Chief Judicial Magistrate,
Gurgaon 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 09.11.2017 the parties appeared
before the learned Chief Judicial Magistrate, Gurgaon and their
statements were recorded on 18.12.2017. Respondent No.2 stated that
she has compromised the matter with all the petitioners with the
intervention of respectables, out of her own free will and without any
kind of pressure. She no longer wishes to pursue the matter and has no
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objection to the quashing of the abovesaid FIR qua all the petitioners.
A joint statement of all the three petitioners in respect to the
compromise was also recorded. Statement of LASI Reena Devi was
recorded as well.
As per report dated 08.01.2018 received from the learned
Chief Judicial Magistrate, Gurgaon satisfaction is expressed that the
compromise between the parties is genuine, arrived at voluntarily by
the parties, without any kind of pressure or coercion. None of the
petitioners is reported to be a proclaimed offender. 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. Learned counsel for
respondent No. 2 further affirms that the entire settled amount in
respect to her alimony etc. has been received by respondent No. 2 and
she has no objection to the quashing of the abovementioned FIR
against the petitioners.
Learned counsel for the State, on instructions from SI
Sunita, 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
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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”.
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. 0262 dated
10.12.2016 under Sections 323, 354, 506 IPC (Section 377 IPC added
later) registered at Women Police Station Gurgaon, District Gurgaon
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.
February 23, 2018 Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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