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Jatin Mehta Etc vs State Of Haryana Etc on 5 April, 2018

CRM No.M-1049 of 2018
-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 1049 of 2018(OM)
Date of Decision: April 5 , 2018.

Jatin Mehta and another …… PETITIONER(s)

Versus

State of Haryana and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. D.K.Tuteja, Advocate
for the petitioners.

Mr. Anmol Malik, AAG, Haryana.

Mr. M.S.Kathuria, Advocate
for the complainant/respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.8 dated 15.01.2016

under Sections 406/498A/354A/506/34 IPC (Section 354A IPC was deleted

subsequently), registered at Police Station Women, Rohtak 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 21.07.2017

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CRM No.M-1049 of 2018
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(Annexure P2). Petitioner No.1 and respondent No.2 decided to part ways. It is

informed that petition under Section 13B of the Hindu Marriage Act, 1955 filed

by petitioner No.1 and respondent No.2 has since been allowed on 24.01.2018.

This Court on 12.01.2018 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 12.01.2018, the parties appeared before the

learned Judicial Magistrate First Class, Rohtak and their statements were

recorded on 25.01.2018. Respondent No.2 stated that the matter has been

amicably resolved by her with both the accused petitioners out of her own free

will without any pressure or coercion. Respondent No.2 further stated that she

has no objection in case the abovesaid FIR against the accused petitioners is

quashed. It is further mentioned that petition under Section 13B of the Hindu

Marriage Act, 1955 filed by her and her husband i.e. petitioner No.1 has since

been allowed on 24.01.2018. Joint statement of the petitioners in respect to the

settlement was recorded as well.

As per report dated 05.02.2018 received from the learned Judicial

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

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CRM No.M-1049 of 2018
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between the parties is genuine, arrived at voluntarily without any coercion 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 against the petitioners.

Learned counsel for the State, on instructions from ASI Manju,

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. 8 dated 15.01.2016 under

Sections 406/498A/354A/506/34 IPC (Section 354A IPC was deleted

subsequently), registered at Police Station Women, Rohtak alongwith all

consequential proceedings are, hereby, quashed.

( LISA GILL )
April 5 , 2018. JUDGE
‘om’

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

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