Criminal Misc. No.M- 33675 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M- 33675 of 2017 (OM)
Date of decision : April 24, 2018
Sunny Piplani and others …..Petitioners
Versus
State of Haryana and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Gaurav Saini, Advocate for the petitioners.
Mr. Ashok S. Chaudhry, Addl. AG, Haryana.
Mr. Mohit Kakkar, Advocate for respondent No.2.
***
LISA GILL, J.
Prayer in this petition is for quashing of FIR No. 102 dated
27.05.2017 under Sections 406, 498A, 323, 506 IPC registered at Police
Station Sector 14, Panchkula and all other consequential proceedings arising
therefrom on the basis of compromise dated 31.08.2017 (Annexure P-3)
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.
Learned counsel for the petitioners and respondent No.2 submit
that petition under Section 13B of Hindu Marriage Act, 1955 filed by
petitioner No.1 and respondent No.2 has since been allowed on 09.04.2018.
The entire settled amount has been received by respondent No.2.
Certified copy of judgment and decree dated 09.04.2018
furnished in Court today is taken on record subject to just exceptions.
This Court on 31.10.2017 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
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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 31.10.2017, the parties appeared before
the learned Judicial Magistrate First Class, Panchkula and their statements
were recorded on 15.11.2017. Respondent No.2 stated that the matter has
been compromised by her with all the accused persons out of her own free
will, without any pressure, coercion or undue influence. Respondent No.2
stated that she has no objection to the quashing of the abovesaid FIR qua the
petitioners. Joint statement of the petitioners in respect to the compromise
was also recorded.
As per report dated 17.11.2017 received from the learned Civil
Judge (Jr. Division)-cum-Judicial Magistrate First Class, Panchkula
satisfaction is expressed that the compromise between the parties is genuine,
voluntary, arrived at out of free will of the parties and without any pressure.
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.
Learned counsel for the State, on instructions from ASI Balkar
Singh, submits that as the abovesaid FIR arises out of a matrimonial dispute,
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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
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. 102 dated
27.05.2017 under Sections 406, 498A, 323, 506 IPC registered at Police
Station Sector 14, Panchkula alongwith all consequential proceedings are,
hereby, quashed.
(Lisa Gill)
April 24, 2018 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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