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Sohan Lal & Ors vs State Of Punjab And Anr on 19 March, 2018

Criminal Misc. No.M- 15655 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No.M- 15655 of 2017 (OM)
Date of decision : March 19, 2018

Sohan Lal and others …..Petitioners

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. Krishan Sehajpal, Advocate
for the petitioners.

Mr. Sukhleen Singh, AAG, Punjab

Mr. Davinder Singh, Advocate for
Mr. Sandeep Arora, Advocate
for respondent No.2.

***

LISA GILL, J.

Prayer in this petition is for quashing of FIR No. 1 dated

12.01.2012 under Sections 406/498A IPC registered at Police Station NRI,

District Jalandhar 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.3.

It is informed that petition under Section 13B of Hindu

Marriage Act, 1955 filed by petitioner No. 3 and respondent No. 2 has

since been allowed on 14.03.2018. The entire settled amount has been

handed over to respondent No. 2, who has no objection to the quashing of

the aforementioned FIR against all the three petitioners.

This Court on 21.09.2017 and 04.12.2017 directed the parties

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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 21.09.2017 and 04.12.2017 , the parties

appeared before the learned Chief Judicial Magistrate, (NRI Cases)

Jalandhar and their statements were recorded on 11.12.2017. Respondent

No.2 stated that she has compromised the matter with all the three accused

petitioners out of her own free will, without any pressure from any quarter.

Statement has been recorded in respect to the receipt of `5,50,000/-.

Respondent No.2 stated that she has no objection to the quashing of the

abovesaid FIR qua the petitioners. Statement of all the petitioners in respect

to the compromise was recorded through their authorised special power of

attorney holder – Dara Ram.

Learned counsel for the petitioners submits that the petitioners

undertake to be bound by the terms and conditions of the settlement. In fact,

the terms and conditions thereof have been carried out by the petitioners.

The petitioners also undertake to be bound by all the acts and statements

made on their behalf by their authorised power of attorney holder – Dara

Ram.

As per report dated 13.12.2017 received from the learned Chief

Judicial Magistrate, (NRI Cases) Jalandhar, satisfaction is expressed that

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the compromise between the parties is genuine, arrived at out of free will of

the parties, without any 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.

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, 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 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

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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. 1 dated 12.01.2012

under Sections 406/498A IPC registered at Police Station NRI, District

Jalandhar alongwith all consequential proceedings are, hereby, quashed.

(Lisa Gill)
March 19, 2018 Judge
rts
Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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