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Rajwinder Singh And Ors vs State Of Punjab And Anr on 14 May, 2018

CRM No.M-29300 of 2017
-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 29300 of 2017(OM)
Date of Decision: May 14 , 2018.

Rajwinder Singh and others …… PETITIONER(s)

Versus

State of Punjab and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Naveen Sharma, Advocate
for the petitioners.

Ms. Ruchika Sabharwal, AAG, Punjab.

None for respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.49 dated

10.09.2013, under Sections 498A/406 IPC, registered at Police Station Women

Bathinda, District Bathinda 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 25.07.2017

(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

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CRM No.M-29300 of 2017
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Act, 1955 filed by petitioner No.1 and respondent No.2 has since been allowed.

Learned counsel for the petitioners further informs that the entire settled amount

stands remitted to respondent No.2 in terms of the compromise.

This Court on 06.10.2017 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

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 06.10.2017, the parties appeared before the

learned Judicial Magistrate First Class, Bathinda and their statements were

recorded on 12.10.2017. Respondent No.2 stated that she has compromised with

all the accused persons out of her own free will without any kind of pressure with

the intervention of respectables and friends. Pendency of the petition under

Section 13B of the Hindu Marriage Act, 1955 is specifically mentioned.

Respondent No.2 further stated that she has no objection in case the abovesaid

FIR against the accused petitioners is quashed. Separate statements of the

petitioners in respect to the settlement were recorded as well.

As per report dated 12.10.2017 received from the learned Judicial

Magistrate First Class, Bathinda, it is opined that the compromise between the

parties is genuine and voluntary, arrived at out of the free will of the parties

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CRM No.M-29300 of 2017
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without any coercion or undue influence. None of the petitioners are reported to

be proclaimed offenders. Photocopies of statements of the parties are appended

alongwith the said report.

Mr. Inderjit Sharma, Advocate had appeared on behalf of respondent

No.2 before this Court on 06.10.2017. He affirmed and verified the factum of

settlement between the parties and raised no objection to the quashing of the

abovementioned FIR against the petitioners, pursuant to which the parties were

directed to appear before the learned trial court to record their statements in

respect to the compromise.

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

encourage genuine settlements of matrimonial disputes.

Keeping in view the facts and circumstances of this case, it would be

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CRM No.M-29300 of 2017
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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.49 dated 10.09.2013,

under Sections 498A/406 IPC, registered at Police Station Women Bathinda,

District Bathinda alongwith all consequential proceedings are, hereby, quashed.

( LISA GILL )
May 14 , 2018. JUDGE
‘om’

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

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