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Manjot Singh And Ors vs State Of Punjab And Anr on 1 June, 2018

Criminal Misc. No. M- 39777 of 2017 (OM) 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

Criminal Misc. No. M- 39777 of 2017 (OM)
Date of decision : June 01, 2018

Manjot Singh and others …..Petitioners

Versus

State of Punjab and another ….Respondents

CORAM:- HON’BLE MRS. JUSTICE LISA GILL

Present: Mr. H.P.S. Ghuman, Advocate
for the petitioners.

Mr. D.S. Sukarchakia, DAG, Punjab.

Mr. Rohan Sharma, Advocate
for respondent No.2.
***
LISA GILL, J.

CRM-20260-2018

Prayer in the application is for preponement of the date of

hearing of the case.

Report of the learned trial Court in respect to the compromise

between the parties, it is submitted, has been attached with this file.

Notice of the application.

Mr. Rohan Sharma, Advocate, appears on behalf of respondent

No. 2.

On the asking of the Court, Mr. D.S. Sukarchakia, DAG,

Punjab, accepts notice on behalf of respondent No.1-State. Advance copies

of the application have already been supplied. Another copy of the

application is supplied to learned counsel for the State. No objection has

been raised by learned counsel for the respondents to the preponment to the

hearing of this case from 09.08.2018.

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Criminal Misc. No. M- 39777 of 2017 (OM) 2

Accordingly, hearing of the matter is preponed from

09.08.2018 for today itself.

Application is disposed of.

Criminal Misc. No. M- 39777 of 2017 (OM)

Present petition has been filed for quashing of FIR No. 65

dated 04.07.2017 under Sections 406, 498A IPC registered at Police Station

Women Patiala, District Patiala and all other consequential proceedings

arising therefrom on the basis of the compromise dated 03.08.2017

(Annexure P-2).

The abovesaid FIR was registered at the instance of respondent

No.2 due to matrimonial discord with her husband i.e., petitioner No.1.

It is informed that petition under Section 13B of Hindu

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

since been allowed. Respondent No. 2 has received the entire settled amount

in terms of the agreement/settlement and has no objection to the quashing of

the aforesaid FIR.

This Court on 22.02.2018 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.

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Criminal Misc. No. M- 39777 of 2017 (OM) 3

Pursuant to order dated 22.02.2018, the parties appeared before

the learned Judicial Magistrate First Class, Patiala and their statements were

recorded on 12.03.2018. 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, threat or coercion. Respondent No.2 stated that she

has no objection to the quashing of the abovesaid FIR qua all the

petitioners. Joint statement of all the petitioners in respect to the

compromise was also recorded. Statement of HC Manjinder Singh was

recorded to the effect that none of the petitioners are proclaimed offenders.

As per report dated 16.03.2018 received from the learned

Judicial Magistrate First Class, Patiala satisfaction is expressed that the

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

parties, without any threat or 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 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

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Criminal Misc. No. M- 39777 of 2017 (OM) 4

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. 65 dated 04.07.2017

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

District Patiala alongwith all consequential proceedings are, hereby,

quashed.

(Lisa Gill)
June 01, 2018 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No

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