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Ajay And Ors vs State Of Haryana And Anr on 17 May, 2018

CRM No.M-3150 of 2018
-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH

Criminal Misc. No. M- 3150 of 2018(OM)
Date of Decision: May 17 , 2018.

Ajay and others …… PETITIONER(s)

Versus

State of Haryana and another …… RESPONDENT (s)

CORAM:- HON’BLE MRS.JUSTICE LISA GILL

Present: Mr. Ashish Pannu, Advocate
for the petitioners.

Mr. Ashok S.Chaudhary, Addl.AG, Haryana.

Mr. Vikas Dhull, Advocate
for respondent No.2.
*****

LISA GILL, J.

Prayer in this petition is for quashing of FIR No.411 dated

07.07.2013 under Sections 498A/406/506/34 IPC, registered at Police Station

Sadar Bahadurgarh 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 19.01.2018

(Annexure P2). Petitioner No.1 and respondent No.2 decided to part ways.

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CRM No.M-3150 of 2018
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It is informed that petition under Section 13B of the Hindu Marriage

Act, 1955 has been filed by petitioner No.1 and respondent No.2 and their

statements at first motion have been recorded in the said proceedings. Both of

them undertake to abide by the terms and conditions of the settlement.

This Court on 25.01.2018 directed the parties to appear before

learned trial court/Illaqa Magistrate for recording their statements in respect to

the above-mentioned compromise. Learned trial court/Illaqa Magistrate 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/Illaqa

Magistrate 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 25.01.2018, the parties appeared before the

learned Judicial Magistrate First Class, Bahadurgarh and their statements were

recorded on 19.02.2018. Respondent No.2 stated that the matter has been

amicably resolved with all the accused petitioners out of her own free will and

consent without any pressure. No objection has been expressed to the quashing

of the abovesaid FIR against the accused petitioners. Joint statement of the

petitioners in respect to the settlement was recorded as well.

As per report dated 19.02.2018 received from the learned Judicial

Magistrate First Class, Bahadurgarh, satisfaction is expressed that the

compromise between the parties is genuine and valid, arrived at out of the sweet

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CRM No.M-3150 of 2018
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will of the parties without any undue threat, coercion or pressure. 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 subject to the

petitioners strictly adhering to the terms and conditions of the settlement.

Learned counsel for the State, on instructions from SI Sat Narain,

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

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CRM No.M-3150 of 2018
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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.411 dated 07.07.2013

under Sections 498A/406/506/34 IPC, registered at Police Station Sadar

Bahadurgarh 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

petitioners or it is found that the settlement was a mere ruse to have the aforesaid

FIR quashed.

( LISA GILL )
May 17 , 2018. JUDGE
‘om’

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

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